What Is California Labor Code §5703: Evidence the Board May Use?

The appeals board may receive as evidence either at or subsequent to a hearing, and use as proof of any fact in dispute, the following matters, in addition to sworn testimony presented in open hearing:

What is Labor Code 5703?

Labor Code 5703 covers the kinds of proof a judge can use. This goes beyond what a witness says out loud at the hearing.

A workers' compensation case often turns on paperwork, not courtroom talk. This law covers several kinds of documents the Workers' Compensation Appeals Board, or WCAB, may rely on as proof. A judge can use them at a hearing or after it. They include medical reports, employer records, hospital records, and other specific items this page explains below. The list adds to sworn testimony. It does not replace it.

This law applies to the WCAB and to the judges who hear a disputed claim. It affects both sides of a case. An injured worker often uses it to get a treating doctor's report into the record. An employer or insurer often uses it for timesheets, payroll, or an investigator's report. Either side can also challenge how a report was prepared. Some of these categories come with their own rules.

What kinds of evidence does Labor Code 5703 allow at a hearing?

The law names about ten kinds of proof, from physician and hospital records to government publications and expert reports.

This law covers the matters a judge may rely on as evidence. This is in addition to sworn testimony given out loud at the hearing. The main kinds are:

• Reports from a worker's treating or examining physicians
• Reports from special investigators the board or a judge appoints to look into a scientific or medical question
• Employer records, such as timesheets, book accounts, and other verified business reports
• Properly verified hospital records for the injured worker
• Publications of the Division of Workers' Compensation
• Official publications of the California and United States governments
• Excerpts from expert testimony the board heard on a similar issue in another case, and the board's own past decisions on that same kind of question
• Parts of a published medical treatment protocol, when the party offering it also shows how the protocol was built and how widely doctors accept it
• The medical treatment utilization schedule under Labor Code 5307.27, or the guidelines tied to Labor Code 4604.5
• Written reports from vocational experts

Each item on this list has its own rule for when it counts. The next part covers the two that come up most in a real claim: a physician's report and a vocational expert's report.

What must a physician's or vocational expert's report include to count as evidence?

Both kinds of reports need a sworn statement that they are accurate. A physician's report needs a second sworn statement about referral rules.

A report from a treating or examining physician is not automatic proof under this law. Any part of the report about a bill for services counts only if the physician signs it under penalty of perjury as true and correct. The report must also say, under that same penalty, that the physician did not break Labor Code 139.3. That law stops a physician from sending a worker to a lab, pharmacy, or other service in which the physician holds a financial interest. A report missing either statement can be challenged on that ground alone. This is separate from any dispute about the medical findings.

A vocational expert's report faces a similar rule. It must include the same kind of sworn statement before a judge treats it as evidence. The law then limits what happens next. A party cannot directly question the vocational expert at trial unless there is good cause. If a report comes in too late for the other side to respond, a judge can grant a continuance. That gives the other side a chance to offer rebuttal testimony.

Does Labor Code 5703 set a deadline or dollar amount?

No. This law is about proof, not about deadlines or payments.

Labor Code 5703 does not set a filing deadline. It does not list a dollar figure either. It applies any time a disputed issue reaches a hearing, early or late in a case. Deadlines for other parts of a claim come from separate statutes. Reporting an injury and asking a judge to reconsider a decision are two examples.

How does Labor Code 5703 connect to other WCAB evidence rules?

This law sits inside a small group of statutes that together decide how a disputed claim gets proven.

Labor Code 5708 is the general rule behind this one. It frees the WCAB from the strict evidence rules a civil court would use. This law fills part of that open space by naming specific items a judge can rely on. Labor Code 5701 gives the board its own way to gather proof. A judge can order an inspection, a payroll review, or a board-arranged medical exam. Whatever that produces becomes part of the same record. Once the record is built, Labor Code 5705 decides which side must prove which issue with it. None of this evidence settles a case by itself. A judge still weighs it against whichever side carried the burden on that issue.

What should I save or ask about evidence in my own claim?

Keep your medical reports, bills, and any notice naming an investigator, examiner, or vocational expert.

Ask your treating doctor if a report includes the required sworn statements before it is sent in. Keep copies of medical bills, hospital records, and any letter naming a special investigator or a vocational expert. If your employer disputes your hours or wage, your own pay stubs and schedules can matter as much as its timesheets. Bring organized, dated records. A clear paper trail matters more at a hearing than a fight over whether something even counts as evidence.

If you are headed into a workers' compensation hearing and are not sure whether a report, record, or letter counts as evidence, talk to an attorney before the hearing date is set. The firm reviews each matter individually and can look at your medical reports and claim file together. Call (661) 273-1780 or use the contact form to ask about your situation. For the steps that come before a hearing, see how a California workers' comp claim moves toward a hearing.