Legal Question in Workers Comp in Virginia

Back Injury

My mother injured her back more then 20 years ago. After to unsucessful back surgeries by workmans comp doctors she is on total disability. Workmans comp continually change her doctors on her. They selected a doctor for her whom has perscibed physical therapy for which workmans comp has put a stop to three times. She has gone to other doctors at their request as well since assigning her this doctor. She likes this doctor he has actually been helping her with her pain management. Now they have cut the doctors pay in half to stop him from treating her. Again they had selected this doctor and they don't like the money they are paying for treatment. So now this doctor can not see her without her paying which my parents can not afford. What can my mother do to get her back on the right track? they have jerked her around for several years and getting worse in the last six months. My mother is in constant pain suffers numbness in her legs and hands because of the surgeries they performed years ago. She lives in Virginia any help would be appreciated. Thanks


Asked on 10/31/07, 5:12 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Back Injury

If her injury was in Virginia and if there is a Virginia Workers Compensation Award, then she has a lifetime medical award. The medical care is supposed to be dictated by the treating doctor. If the insurance company refuses to pay, then a claim for benefits should be filed with the Virginia Workers Compensation Commission WITH A REPORT FROM THE TREATING DOCTOR SPECIFYING WHAT TREATMENT HE WANTS TO PROVIDE. The Commission will then issue a request to the insurance company to provide the requested treatment. If they refuse, the matter will be set for a hearing.

Jerry Lutkenhaus

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Answered on 10/31/07, 6:41 pm


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