KRS 304.39-270: Mental or physical examinations.

(1) 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.

(2) 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 p reclude 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 pe rson examined and the reparation

obligor, unless the agreement provides otherwise.

(3) 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.