Originally published: . Volume 13, No. 4. Source pages: 9.
HB 705 by Rep. Seabaugh provides for the procedure and orders for additional medical opinions regarding physical or mental conditions in controversy. The bill is pending in the Committee on Civil Law and Procedure.
The language includes "examinations by vocational rehabilitation or licensed clinical psychologist opinions if the party has been given notice."
The present law provides that when the mental or physical condition of a party is in controversy, the court may order the party submit to an additional medical opinion.
The proposed law changes present law and requires the party to submit to an examination as soon after the incident that caused the action in controversy as demanded and from time to time thereafter as often as reasonably necessary.
The proposed law changes present law and provides that a party shall submit to additional medical opinion examinations by vocational rehabilitation or licensed clinical psychologist opinions if the party has been given notice.
Present law provides that regardless of the number of defendants, a plaintiff shall not be ordered to submit to multiple examinations by multiple physicians within the same field of specialty for the same injury except for good cause.
The proposed law supersedes present law in circumstances when the party has placed more than one mental or physical condition in controversy, where the court shall, upon motion of the opposing party, order separate examinations regarding each mental or physical condition placed in controversy.
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