Workers Compensation and Injury Management Arbitration Rules 2024

If a party to the proceeding intends to call a witness to give evidence at the arbitration hearing, the party must lodge a statement (a witness statement) of the witness in accordance with rule 16(1)(d), 19(1)(d) or 21 (as the case requires).

A witness statement must —

identify the witness making the statement; and

disclose the substance of the proposed evidence of the witness; and

be signed by the witness.

The evidence in chief of a witness must be confined to matters set out in the witness statement, unless leave of the arbitrator is obtained.

Subject to subrule (5), a witness cannot appear in a proceeding to give evidence unless —

the party calling that witness has lodged a statement for the witness in accordance with rule 16(1)(e), 19(1)(e), or 21 (as the case requires); and

the arbitrator considers that the statement fully and properly specifies the following —

the substance of the proposed evidence that the party calling the witness believes on reasonable grounds the witness will give;

the reliance the party intends to place on the evidence;

if any proposed evidence has not been included in the witness statement lodged for that witness, the reason why it was not included;

when any proposed evidence referred to in subparagraph (iii) is expected to be included in the witness statement.

For the purposes of section 334(7)(b) of the Act, an arbitrator may permit a witness to appear in a proceeding who would otherwise not be permitted to appear under section 334(5) of the Act if the arbitrator considers that the evidence of the witness will assist in the determination of the dispute in a manner that is fair, just, economical, informal and quick.

If a party to the proceeding proposes to give evidence, this rule applies to that party as though the party were the party’s witness as well as being the party.

A certificate, report or statement referred to in rule 16(1)(a), (b) or (c) or 19(1)(a), (b) or (c) is taken to be a witness statement for the purposes of section 334(5) of the Act and this rule.

If a statement required to be lodged under subrule (1) or (4) makes reference to a document other than a medical report to which rule 37 applies, the document must not be adduced in evidence unless —

a copy of that document is attached to the statement; or

the document is, in the opinion of the arbitrator, sufficiently identified.