What is discovery? What do the different deadlines mean?
After the initial conference, the parties may proceed to the “discovery” or the information gathering stage of the case. You have the responsibility of gathering or discovering information to support your position on the issues on appeal. Because appeals to the Board are reviewed on a de novo (meaning “anew” or “afresh”) basis, parties are allowed to present new evidence in addition to what was already presented to the Department. You may submit medical reports or opinions by doctors, deposition transcripts, and also non-medical documents or matters that you think will support your case and help the Board reach a just and fair decision. You may also use witnesses to support your case. There are deadlines for the submission of the different types of information or evidence that you want to use to support your case. Any document or writing sent to the Board must also be provided to all other parties. • Unnamed witness identification deadline: On or before this date, you must file with th
