Browne

We issued our alternative writ of mandate to examine the single question whether a personal injury litigant may be compelled to submit to a physical examination by a vocational rehabilitation expert who is not a licensed physician. We conclude that neither statutory nor other authority sanctions the examination ordered by the trial court; accordingly, the petition must be granted.

Facts

The facts are undisputed: Petitioner filed a civil damage action against real parties for injuries allegedly sustained as a result of an automobile-motorcycle accident. Petitioner’s future wage loss is one of the disputed issues in the pending litigation. Although petitioner voluntarily submitted to a medical examination conducted by a licensed physician selected by real parties, he refused the latter’s request “to be examined and tested by Dr. Hal Ulery, a rehabilitation expert” on the grounds that a physical examination by a nonphysician was unauthorized by law. 1 Thereafter real parties filed a written motion for an order pursuant to Code of Civil Procedure section 2032, subdivison (a) 2 com- *613 polling petitioner “to submit to an interview and physical examination and/or testing by…