§ 28-35-10. Duplicates of documents furnished to employee — Inadmissibility of documents when
copies not furnished.
Where an employer, his or her insurer, or the agents or independent contractors of
either 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 the injured employee's
place of employment, whether signed or unsigned, and regardless of the mode of obtaining
it, concerning compensation, the injured employee 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 other supervisory employees at the injured employee's place of employment which
shall be signed by a duly authorized agent or the employer or his or her insurer.
The paper, document, report, statement, or agreement, including hospital records,
nurses' notes, personnel records, reports, or statements by forepersons or any other
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 shall also be furnished to
the employee's attorney immediately upon request by that attorney. If a copy of a
paper, document, report, statement, or agreement, including hospital records, nurses'
notes, personnel records, reports, or statements by forepersons or any other supervisory
employees at the injured employee's place of employment is not furnished strictly
in accordance with this section, nothing contained in it may be used by an employer
or his or her insurer or attorney for direct or cross-examination of the employee.
The individual 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 other supervisory employees
at the injured employee's place of employment shall be inadmissible in any proceeding,
if objection by the employee to its admission is made.