medical examination

The Evidence Leaders have not responded materially to questions regarding instructions about the medical examination, specifically about whether it can be voluntary or compulsory and the power of the Commission to order it.

“it is actually the Evidence Leaders who have not responded materially to those questions, which my client expressly says through his attorneys will allow us to take a final position on this question of the medical examination, because of course, Chair, if there are insufficient answers to those questions, particularly the question at 10.2 in bold, which is on page 24, statutory authority, it does not matter whether it is voluntary or compelled, if you do not have the power, you do not have the power.”

If the Commission believes it has the power to order the medical exam, it must exercise it and do so instead of avoiding the question repeatedly.

“if the Commission believes it has the power, then it must exercise its power and do so. But we cannot be caught in an endless loop where the question is asked, where is your power? There is no direct answer and then you get accused of not answering the question or giving a position where knowing the source of the power is a fundamental issue that requires clarification.”