Section 422
(a) Neither the board nor any of its
members nor any workers' compensation judge shall be bound by the common law or
statutory rules of evidence in conducting any hearing or investigation, but all
findings of fact shall be based upon sufficient competent evidence to justify
same. All parties to an adjudicatory proceeding are entitled to a reasoned
decision containing findings of fact and conclusions of law based upon the
evidence as a whole, which clearly and concisely states and explains the
rationale for the decisions so that all can determine why and how a particular
result was reached. The workers' compensation judge shall specify the evidence
upon which the workers' compensation judge relies and state the reasons for
accepting it in conformity with this section. When faced with conflicting
evidence, the workers' compensation judge must adequately explain the reasons
for rejecting or discrediting competent evidence. Uncontroverted evidence may
not be rejected for no reason or for an irrational reason; the workers'
compensation judge must identify that evidence and explain adequately the
reasons for its rejection. The adjudication shall provide the basis for
meaningful appellate review.
(b)
If any party or witness resides outside of the Commonwealth, or through illness
or other cause is unable to testify before the board or a workers' compensation
judge, his or her testimony or deposition may be taken, within or without this
Commonwealth, in such manner and in such form as the department may, by special
order or general rule, prescribe. The records kept by a hospital of the medical
or surgical treatment given to an employee in such hospital shall be admissible
as evidence of the medical and surgical matters stated therein.
(c) Where
any claim for compensation at issue before a workers' compensation judge
involves fifty-two weeks or less of disability, either the employee or the
employer may submit a certificate by any health care provider as to the history,
examination, treatment, diagnosis , cause of the condition and extent of
disability, if any, and sworn reports by other witnesses as to any other facts
and such statements shall be admissible as evidence of medical and surgical or
other matters therein stated and findings of fact may be based upon such
certificates or such reports. Where any claim for compensation at issue before a
workers' compensation judge exceeds fifty-two weeks of disability, a medical
report shall be admissible as evidence unless the party that the report is
offered against objects to its admission.
(d) Where
an employer shall have furnished surgical and medical services or
hospitalization in accordance with the provisions of section 306(f.1), or where
the employee has himself procured them, the employer or employee shall, upon
request, in any pending proceeding, be furnished with, or have made available, a
true and complete record of the medical and surgical services and hospital
treatment, including X rays, laboratory tests, and all other medical and
surgical data in the possession or under the control of the party requested to
furnish or make available such data.
(e) The
department may adopt rules and regulations governing the conduct of all hearings
held pursuant to any provisions of this act, and hearings shall be conducted in
accordance therewith, and in such manner as best to ascertain the substantial
rights of the parties.
(422 amended June 24, 1996, P.L.350, No.57)