Note: The following constitutes the proposed
changes in this Rule. Added language appears in bold italic script, and
proposed deletions are indicated by strikeout. The changes will not go
into effect until further notice by the Industrial Commission.
Rule 608
Statement About Incident Leading to Claim
(1) At the outset of taking a statement, the employer or his agent shall
advise the employee that the statement is being taken to be used in part to determine
whether the claim will be paid or denied. Any plaintiff who shall gives
to his employer, or to the its carrier on
the risk, or to any agent either a written or recorded statement
of the facts and circumstances surrounding his injury shall be furnished a copy of such
statement within thirty 45 days after request. Further, any
plaintiff who shall give a written or recorded statement of the facts and circumstances
surrounding his injury shall, without request, be furnished a copy no less than thirty
45 days from the filing of a Form 33 Request for Hearing prior
to a pending hearing. Such copy shall be furnished at the expense of the person,
firm or corporation at whose direction the statement was taken.
(2) If any person, firm or corporation fails to comply with this rule, then an order may be entered by a Commissioner or Deputy Commissioner prohibiting that person, firm or corporation, or its representative, from introducing the statement into evidence or using any part of it.
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