Montana Code 53-9-123. Evidence of condition
53-9-123. Evidence of condition. (1) The office may require the claimant to supplement the application with any reasonably available medical or counseling reports relating to the injury for which compensation is claimed.
Terms Used In Montana Code 53-9-123
- Claimant: means any of the following claiming compensation under this part:
(a)a victim;
(b)a dependent of a deceased victim; or
(c)an authorized person acting on behalf of any of them. See Montana Code 53-9-103
- Office: means the office of victims services established in 2-15-2016. See Montana Code 53-9-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Victim: means :
(a)a person who suffers bodily injury or death as a result of:
(i)criminally injurious conduct;
(ii)the person's good faith effort to prevent criminally injurious conduct; or
(iii)the person's good faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct; or
(b)a minor child present in a home where domestic violence occurred. See Montana Code 53-9-103
(2)If the physical condition of a victim or claimant is material to a claim, the office may order the victim or claimant to submit from time to time to a physical examination by a physician or may order an autopsy of a deceased victim. The office shall pay for the examination or autopsy. The order must specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made and must require the person to file with the office a detailed written report of the examination or autopsy. The report must set out physician’s findings, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. On request of the person examined, the office shall furnish the person a copy of the report. If the victim is deceased, the office, on request, shall furnish the claimant a copy of the report.
(3)There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical condition of the claimant or victim in a proceeding under this part in which that condition is an element.