Mich. Admin. Code R. 38.174a

Current through Vol. 24-19, November 1, 2024

Section R. 38.174a - Physical and mental examination

Rule 44a.

(1) If the appellant places his or her mental or physical condition in controversy, the administrative law judge, on motion for good cause with notice to the appellant and all parties, may order the appellant to submit to a physical or mental examination by a physician or other appropriate professional. The order must specify the time, place, manner, conditions, and scope of the examination and the name of the examiner or examiners.

(2) On request of the appellant or his or her attorney, the party who requested the examination under subrule (1) of this rule shall deliver to the appellant or his or her attorney a copy of a detailed written report of the examiner or examiners setting out the findings, including all test results, diagnoses, and conclusions, and all reports on earlier examinations pertaining to the same condition, and shall make available for inspection all diagnostic aids.

(3) After delivery of the report specified in subrule (2) of this rule, the party who requested the examination shall, upon request, receive from the appellant a similar report of any examination previously or thereafter made pertaining to the same condition and to a similar inspection of all diagnostic aids.

(4) If an appellant refuses to deliver a report requested under subrule (3) of this rule, the administrative law judge, on motion and notice, may enter an order requiring delivery on just terms. If an examiner refuses or fails to provide a report required under this rule, the administrative law judge may order the examiner to appear for a discovery deposition.

(5) By requesting and obtaining a report on an examination ordered under this rule or by taking the deposition of the examiner, the appellant waives any privilege he or she may have in the action, or another action involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine the person as to the same mental or physical condition.

(6) Subrule (2) of this rule applies to an examination made by agreement of the parties, unless the agreement expressly provides otherwise.

(7) Subrule (2) of this rule does not preclude discovery of a report of an examiner or the taking of a deposition of the examiner under any other statute or rule.

Mich. Admin. Code R. 38.174a

1998-2000 AACS; 2020 MR 3, Eff. 2/6/2020