Legal Question in Workers Comp in Virginia
I was injured in 2008 and started receiving Workers Comp. I had two surgeries in 2008 and was unable to return to my old job. The WC insurance company hired a medical rehabilitator who really never did anything except miss appointments, and show up late. I asked the insurance company if they had a vocational rehabilitator who could help me facilitate finding me suitable employment, they declined. I sat at home for over eight months just looking at the walls and attending physical therapy. I signed up for college part-time this past summer, and started attending full-time in August. It has been very hard physically but I did not want to just keep sitting at home. The insurance company advised me last week that they were assigning me a vocational counselor to help me find employment that I could do with my injury. I have been accepted into a Physician Assistant Program at college and it would be almost impossible for me to attend college, and work. I have an Attorney that really cannot tell me anything. My question is can they make me quit school and start looking for employment. I would never find a job matching my pre-injury wage in this economy, and the only way I could match my wage would be to get a degree. I live in VA and would like any input anybody has.
3 Answers from Attorneys
This is a complicated question. It would be best to have the Physician Assistant Program approved by the Virginia Workers Compensation Commission (as a valid vocational endeavor). Otherwise, as a General Rule the insurance company can require you to market your residual work capacity. I am unable to give you specific advice since you are represented by an attorney. The above should just be considered information.
Jerry Lutkenhaus
www.virginiadisabilitylawyer.com
While your options are limited, you do have options. Your attorney should be discussing these with you. Make sure that the rehabilitation provider is a certified rehabilitation provider with current certification from the Board of Professions. This is a tricky legal area and you need guidance from a professional.
I agree with both of the above anwers. The law on your situatution favors the employer, but you have a few options. Discuss this with your attorney. If your attorney does not give you a satisfactory answer, make sure you hire an attorney who knows this area of the law well.You would be in excellent hands with either of the attorneys above.
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