of privilege. (1) (a) If the mental, physical, or emotional condition of a victim is material to a compensation claim, the compensation specialist, director, or the assistant director compensation program manager who hears the compensation claim or the appeal may order the claimant to submit to a mental or physical examination by a physician or psychologist and may recommend to the court to order an autopsy of a deceased victim. (b) The court may order an additional examination for good cause shown and shall provide notice to the individual to be examined and the individual's representative. (c) All reports from additional examinations shall set out findings, including results of all tests made, diagnoses, prognoses, other conclusions, and reports of earlier examinations of the same conditions. (d) A copy of the report shall be made available to the victim or the representative of the victim unless dissemination of that copy is prohibited by law. (2) If an individual refuses to comply with an order under this chapter or asserts a privilege, except privileges arising from the attorney-client relationship, to withhold or suppress evidence relevant to a compensation claim, the director or compensation specialist may make any appropriate determination, including denial of the compensation claim. (3) (a) A victim who is a claimant waives any privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the victim except for the attorney- client privilege. (b) The waiver described in Subsection (3)(a) applies only to compensation specialists, the director, the assistant director compensation program manager, and legal counsel. (c) A claimant may be required to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed. (d) The compensation specialist hearing a compensation claim or an appeal from a compensation claim shall make available to the claimant a copy of the report. (e) If the victim is deceased, the director or the director's appointee, on request, shall furnish the claimant a copy of the report unless dissemination of that copy is prohibited by law. Renumbered and Amended by Chapter 291, 2026 General Session
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