20 C.F.R. § 725.457

Witnesses

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(a) Witnesses at the hearing shall testify under oath or affirmation. The administrative law judge and the parties may question witnesses with respect to any matters relevant and material to any contested issue. Any party who intends to present the testimony of an expert witness at a hearing, including any physician, regardless of whether the physician has previously prepared a medical report, shall so notify all other parties to the claim at least 10 days before the hearing. The failure to give notice of the appearance of an expert witness in accordance with this paragraph, unless notice is waived by all parties, shall preclude the presentation of testimony by such expert witness.

(b) No person shall be required to appear as a witness in any proceeding before an administrative law judge at a place more than 100 miles from his or her place of residence, unless the lawful mileage and witness fee for 1 day's attendance is paid in advance of the hearing date.

(c) No person shall be permitted to testify as a witness at the hearing, or pursuant to deposition or interrogatory under § 725.458, unless that person meets the requirements of § 725.414(c).

(1) In the case of a witness offering testimony relevant to the liability of the responsible operator, in the absence of extraordinary circumstances, the witness must have been identified as a potential hearing witness while the claim was pending before the district director.

(2) In the case of a physician offering testimony relevant to the physical condition of the miner, such physician must have prepared a medical report. Alternatively, in the absence of a showing of good cause under § 725.456(b)(1) of this part, a physician may offer testimony relevant to the physical condition of the miner only to the extent that the party offering the physician's testimony has submitted fewer medical reports than permitted by § 725.414. Such physician's opinion shall be considered a medical report subject to the limitations of § 725.414.

(d) A physician whose testimony is permitted under this section may testify as to any other medical evidence of record, but shall not be permitted to testify as to any medical evidence relevant to the miner's condition that is not admissible.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1980–2021 · leading case: Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001).

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Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “20 C.F.R. § 725.457 : This rule limits witness testimony, to those who meet the criteria described in § 725.”

Repub. Steel Corp. v. Mary G. Leonard & Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 635 F.2d 206 (3rd Cir. 1980). “403 (a) (1970); and even allow adjournment and reopening of a hearing for receipt of additional testimony or evidence, 20 C.F.R. § 725.457 and 460 (1978). . In response to this court’s request at oral argument, the government has submitted an affidavit of the Director, Office of…”

Elm Grove Coal Co. v. Dir., Off. of Workers' Comp. Programs, 480 F.3d 278 (4th Cir. 2007). · cites it 2× “See 20 C.F.R. § 725.457 (d) (providing that “[a] physician *285 whose testimony is permitted under this section may testify as to any other medical evidence of record, but shall not be permitted to testify as to any medical evidence relevant to the miner’s condition that is not…”

BrickStreet Mut. Ins. v. DOWCP (4th Cir. 2019). “20 C.F.R. § 725.457 (c)(1) (emphases supplied).”

Manalapan Mining Co., Inc. v. OWCP (6th Cir. 2021). “See 20 C.F.R. § 725.457 (a). These failures show that Petitioners did not take reasonable steps to ensure Dr.”

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