Legal Question in Workers Comp in Virginia

choice of doctors

I was injured on the job while working in Virginia. I am a resident of Maryland,my company is based in Tennesee. I have been informed by the employers insurance carrier that I must be treated by a doctor from a list of 5 all located in Virginia. I was injured on 5/26/03 and have been recieving treatment, with the insurance companys approval, here in Maryland,as well as physical therapy,and related testing for my back injury. Is it required by law that I must transfer all treatment and future medical service needs to a doctor in Virginia. I live in Waldorf MD-the doctors that I have been told to choose are in Woodbridge,Arlington,or Fairfax VA.


Asked on 6/30/03, 11:53 am

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: choice of doctors

Dear Sir: The law provides that as soon as possible after an injury the insurer is supposed to provide a panel of three doctors to treat the type of injury that you have. An informal rule is that if the insurer does not do this within 30 days of your injury, then the insurer may be stuck with the doctors you choose. However, if you want to avoid litigation, you may want to cooperate with the insurer on this. If you live in Maryland, I think you should demand a panel of doctors more convenient to you if the Northern VA doctors are too far away. Any dispute betweeen you and the insurer regarding this can be resolved by calling the Virginia Workers Comp Commission and asking to speak to the Dispute Resoluton person, the ombudsman. I hope this helps you.

Gerald G. Lutkenhaus

Read more
Answered on 7/04/03, 11:47 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: choice of doctors

You have a right to select a doctor from a panel of at least three offered by the insurance carrier. There is no requirement that the doctor

have his practice in the state where your injury occurred. You can certainly request that the insurance carrier include in the panel at least one doctor whose practice is more conveniently located with respect to your residence.

Read more
Answered on 7/01/03, 1:48 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Virginia