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304.39-270 Mental or physical examinations.
(1)
(2)
(3)
If the mental or physical condition of a person is material to a claim for past or
future basic or added reparation benefits, the reparation obligor may petition the
circuit court for an order directing the person to submit to a mental or physical
examination by a physician. Upon notice to the person to be examined and all
persons having an interest, the court may make the order for good cause shown. The
order shall specify the time, place, manner, conditions, scope of the examination,
and the physician by whom it is to be made.
If requested by the person examined, the reparation obligor causing a mental or
physical examination to be made shall deliver to the person examined a copy of a
detailed written report of the examining physician setting out his findings including
results of all tests made, diagnoses, and conclusions, and reports of earlier
examinations of the same condition. By requesting and obtaining a report of the
examination ordered or by taking the deposition of the physician, the person
examined waives any privilege he may have, in relation to the claim for basic or
added reparation benefits, regarding the testimony of every other person who has
examined or may thereafter examine him respecting the same condition. This
subsection does not preclude discovery of a report of an examining physician,
taking a deposition of the physician, or other discovery procedures in accordance
with any rule of court or other provision of law. This subsection applies to
examinations made by agreement of the person examined and the reparation
obligor, unless the agreement provides otherwise.
If any person refuses to comply with an order entered under this section the court
may make any just order as to the refusal, but may not find a person in contempt for
failure to submit to a mental or physical examination.
Effective: July 1, 1975
History: Created 1974 Ky. Acts ch. 385, sec. 27, effective July 1, 1975.
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