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(x) Nurse case management records.
(xi) Non-privileged portions of the claims file.
(g) Upon request, an employee shall submit to an examination by a physician or surgeon
authorized to practice medicine in this state. The term ‘physician’ as used in this rule shall
be interpreted to include psychologists who satisfy the requirements of section 18223 of
the public health code, 1978 PA 368, MCL 333.18223, and section 1100c(11) of the mental
health code, 1974 PA 258, MCL 330.1100c. The magistrate may determine the time, place,
manner, conditions, and scope of the examination. Other than as provided for in section
385 of the act, MCL 418.385, no person other than the employee may be present at the
examination without the consent of the opposing party or by order of the magistrate for
good cause shown.
(h) Upon the request of a defendant employer or carrier, an employee seeking wage loss
benefits shall appear for an interview regarding his or her qualifications and training
conducted by a qualified vocational rehabilitation consultant at a time and place convenient
to the employee. The employee may appear with a person of the employee’s choosing. The
employee may record the interview at the employee’s expense with the consent of the
opposing party or by order of the magistrate for good cause shown.
(i) Additional discovery under section 853 of the act, MCL 418.853, may be made
equally available to all parties at the discretion and supervision of the magistrate.
(j) For claims arising out of an employee’s death, the employer or carrier shall, upon
written request, provide the following to the claimant’s attorney within 28 days:
(i) The names, addresses, and telephone numbers of all individuals with information
about the employee’s jobs duties and the events and circumstances surrounding the
employee’s injury or death.
(ii) Copies of all investigation or incident reports and witness statements in the
employer’s possession or control.
(iii) Copies of all electronically stored information, including video surveillance, that
documents the employee’s injury or death and the circumstances surrounding it.
(iv) Depending on the nature of the case and the issues involved, the magistrate may
order other forms of discovery, upon request of a party and for good cause shown.
(v) The obligations set forth in subdivision (j)(i) and (ii) of this subrule apply equally to
information possessed by claimants, their attorneys, and agents thereof.
(k) For claims arising out of an employee’s cognitive or communicative incapacity, a
magistrate may require the employer or carrier to provide the information set forth in
subdivision (j) of this subrule upon a sufficient showing of such cognitive or
communicative incapacity.
(l) Evidence exchanged pursuant to this rule shall not be provided to or maintained by
the agency unless marked as an exhibit by a party.
(2) Upon finding the willful failure of a party to comply with this rule, the magistrate may
exclude evidence or prohibit that party from proceeding under the act.
R 418.92 Exhibit admissibility hearing.
Rule 12. (1) After the parties have had a reasonable opportunity to gather and exchange
existing medical and other documents upon stipulation of the parties, upon the motion of
a party, or at the discretion of the magistrate, the magistrate may schedule, at a date, time,