Admissability of Evidence

Admission of evidence of matters not contained in disciplinary letters did not violate due process where hearing officer did not consider that evidence in determining the issues on appeal.  In re Redacted, CSB 67-11 (4/4/2013)

Documents provided by appellant during settlement negotiations, may not be used by agency for impeachment at hearing. In re Murphy, CSA 09-11, 1-2 (Order 10/7/11), citing Vulcan Hart Corp. v. N.L.R.B., 718 F.2d 269, 14 Fed. R. Evid. Serv. 961 (8th Cir. 1983).

Under CRS 48, an agency is precluded from introducing documents appellant produced during settlement negotiations in his disqualification appeal. In re Murphy, CSA 09-11, 1-2 (Order 10/7/11

Physician-patient privilege protects that information acquired in attending to a patient which is necessary to treat the patient. In re Cullen, CSA 127-08, 2 (1/7/09) citing CRS § 13-90-107(d).

Physician-patient privilege may be impliedly waived when a party raises an affirmative defense that makes his physical condition the basis of the affirmative defense.  In re Cullen, CSA 127-08, 2 (1/7/09).

Waiver of physician-patient privilege does not amount to a general disclosure of the patient's entire medical history, but is limited to the cause and extent of injuries and damages claimed.  In re Cullen, CSA 127-08, 2 (1/7/09), citing Cardenas v. Jerath, 180 P.3d 415, 424 (Colo. 2008.)

Challenge to legality of background check is not properly before hearing officer on appeal when appellant answered those questions without objecting, and did not assert a discrimination claim in the appeal. In re Mitchell, CSA 05-05, 8 (6/27/05).

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