A. If a carrier, self-insured employer, or special fund division requests an examination of a claimant’s mental or physical condition under A.R.S. § 23-1026, to protect a claimant from annoyance, embarrassment, oppression, or undue burden or expense, an administrative law judge may order, upon good cause shown, one or both of the following:
- 1. That a requested examination not be held; or
- 2. That the examination may be conducted only on specified terms and conditions, including a designation of the time, place, and examining physician.
- B. A claimant requesting protection under subsection (A) shall file a motion with the presiding administrative law judge or chief administrative law judge if a judge has not been assigned to the case, within three days after the claimant receives notice of the examination. The claimant shall serve a copy of the motion on all parties. The party requesting the examination shall have three days after receiving the motion to file a response. The party shall serve the response on the claimant or, if represented, the claimant’s attorney of record.
Historical Note
New Section R20-5-236 made by final rulemaking at 31 A.A.R. 4199 (October 31, 2025), effective December 6, 2025 (Supp. 25-4).