Evidentiary Challenges in Workers' Comp Litigation: Gathering Evidence, Strategies for Admissibility and Exclusion

Workers' comp claims hinge on the type of evidence provided including medical records, witness statements, work-related documents, and expert testimony. The strength and clarity of the evidence will impact decisions on entitlement and compensation. Therefore, workers' comp litigators should clearly understand the evidentiary standards governing workers' comp claims, factors considered by ALJs or other decision-makers for admissibility of evidence, and how these may impact the type of evidence gathered and the process. 

Listen as our expert panel of workers' comp litigators guides counsel through the evidentiary challenges facing litigators in workers' comp claims. The panel will offer best practices for gathering evidence and developing strategies for pursuing its admissibility and exclusion.

I.     Introduction

II.   Evidentiary rules and standards in workers' comp cases

A.    Factors considered by decision-makers for admissibility of evidence

III.   Gathering evidence

A.    Types of evidence needed in workers' comp cases

B.    Challenges obtaining certain types of evidence (e.g., social media, medical records)

IV.   Common evidentiary issues

V.     Strategies for pursuing admissibility of evidence

VI.    Strategies for pursuing exclusion of evidence

VII. Practitioner takeaways

The panel will review these and other important considerations:

• What are the rules or standards of evidence that typically govern workers' comp cases?
• What factors are considered by decision-makers when determining whether evidence is admissible? How does this impact the evidence-gathering process?
• What challenges do practitioners face when gathering evidence?
• What are strategies for admitting evidence? Excluding evidence?