§ 28-35-10 - Duplicates of documents furnished to employee – Inadmissibility of documents when copies not furnished.
SECTION 28-35-10
§ 28-35-10 Duplicates of documentsfurnished to employee – Inadmissibility of documents when copies notfurnished. – Where an employer, his insurer, or the agents or independent contractors ofeither obtains from an injured employee any paper, document, report, statement,or agreement, including hospital records, nurses' notes, personnel records,reports, or statements by forepersons or any other supervisory employees at theinjured employee's place of employment, whether signed or unsigned, andregardless of the mode of obtaining it, concerning compensation, the injuredemployee shall receive an exact duplicate original copy of that paper,document, report, statement, or agreement, including hospital records, nurses'notes, personnel records, reports, or statements by forepersons or any othersupervisory employees at the injured employee's place of employment which shallbe signed by a duly authorized agent or the employer or his or her insurer. Thepaper, document, report, statement, or agreement, including hospital records,nurses' notes, personnel records, reports, or statements by forepersons or anyother supervisory employees at the injured employee's place of employment,shall be furnished to the employee at the time it is obtained, and a copy shallalso be furnished to the employee's attorney immediately upon request by thatattorney. If a copy of a paper, document, report, statement, or agreement,including hospital records, nurses' notes, personnel records, reports, orstatements by forepersons or any other supervisory employees at the injuredemployee's place of employment is not furnished strictly in accordance withthis section, nothing contained in it may be used by an employer or his or herinsurer or attorney for direct or cross-examination of the employee. Theindividual obtaining it may not testify in any proceeding and the paper,document, report, statement, or agreement, including hospital records, nurses'notes, personnel records, reports, or statements by forepersons or any othersupervisory employees at the injured employee's place of employment shall beinadmissible in any proceeding, if objection by the employee to its admissionis made.