TITLE 74: PUBLIC FINANCE
CHAPTER VI: COURT OF CLAIMS
PART 790 COURT OF CLAIMS REGULATIONS
SECTION 790.150 MEDICAL EXAMINATION OF CLAIMANT


 

Section 790.150  Medical Examination of Claimant

 

a)         Court order. In any case in which the physical condition of a claimant or claimants is in controversy, the Court may order claimant(s) to submit to a physical examination by a physician. The order may be made by the Court on its own motion or on motion for good cause shown, and upon notice to the claimant to be examined, or to his attorney, and to all other claimants, or to their attorneys, if any. Said notice shall specify the time, place, manner, conditions and scope of the examination, and the person or persons by whom it is to be made.

 

b)         Physician's report. If requested by the claimant examined, respondent shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions. After such request and delivery to the claimant of such detailed written report, respondent shall be entitled, upon request, to receive from the claimant examined a like report of any examination previously or thereafter made of the same physical condition. If the claimant examined refuses to deliver such report or reports, the Court, on motion and notice, may enter an order requiring delivery on such terms as are just, and, if a physician fails or refuses to make such a report, the testimony of such physician may be excluded, if offered at the hearing of the case.