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Matt Lewis
Rogers, Booker & Lewis, P.C.
901 Waterfall Way, Suite 105
Richardson, TX 75080
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Email Matt Lewis:  matt.lewis@dallasworkcomp.com

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Thursday, November 12, 2009

CCH Exchanges

Rule 142.13 requires each party to exchange all records that will be used at a CCH as evidence no later than 15 days after the BRC.  For years, an exchange made at a BRC was considered to be in compliance with this rule.  However, one judge in Dallas just ruled that because the records were not exchanged after the BRC, but at the BRC, this did not comply with the rule.  The result was that the claimant's evidence was not allowed into the record at the CCH.

This is likely to get reversed on appeal.  However, it is a cautionary tale.  In the meantime, everyone should make sure to send all exchanges after the BRC, and include anything that has been previously exchanged.  Do not assume that just because the opposing party has the document that you will be allowed to offer it into evidence at the CCH.

11:28 pm cst          Comments


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