Feld v. Robert & Charles Beauty Salon

We granted leave to appeal in this case to decide whether an employee has the right to have counsel present at a physical examination requested by an employer or its insurance carrier pursuant to § 3851 of the Workers’ Disability Compensation Act,2 and if so, whether counsel may make an audio recording of the examination.

MCL 418.385; MSA 17.237(385) provides that "[t]he employee shall have the right to have a physician provided and paid for by himself or herself present at the examination.” However, § 385 is silent as to whether an employee has the right to have an attorney present during the…