54-23.4-08. Evidence of physical condition

54-23.4-08. Evidence of physical condition

1. There is no privilege, except privileges arising from the attorney-client relationship, as

to communications or records relevant to an issue of the physical, mental, or emotional

condition of the victim in a proceeding under this chapter in which that condition is an

element.

2. If the mental, physical, or emotional condition of a claimant is material to a claim, the

division may order the claimant to submit to a mental or physical examination by a

doctor or psychologist, and may order an autopsy of a deceased victim. The order may

be made for good cause shown upon notice to the person to be examined and to all

persons who have appeared. The order must specify the time, place, manner,

conditions, and scope of the examination or autopsy and the person by whom it is to

be made, and must require the person who performs the examination to file with the

division a detailed written report of the examination or autopsy. The report must set out

the examining person's findings, including results of all tests made, diagnoses,

prognoses, and other conclusions and reports of earlier examinations of the same

conditions.

3. On request of the person examined, the division shall furnish that person with a copy

of the examination report. If a deceased victim is autopsied, the division, on request,

shall furnish the claimant a copy of the autopsy report.

4. The division may require the claimant to supplement the application with any

reasonably available medical or psychological reports relating to the injury for which

compensation is claimed.