CASE PROCESSING PROCEDURES; EVIDENCE – Hearsay

Single Topic for Decision 0808E

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Testimony concerning statements made by doctor to employee during appointments were a recital of events and not offered for a hearsay purpose, i.e., not offered as diagnostic evidence. However, even if they are hearsay, findings related to those statements constitute harmless error since the decision does not turn on the medical diagnosis, but rather, on whether the verification was imposed to intimidate and harass employee.