Legal Question in Workers Comp in Virginia
Is it legal for the injured employee to be examined by a psychiatrist even though the injury was a back injury?
3 Answers from Attorneys
Yes, to ensure that the complaint is not psychosomatic in origin.
The employer and insurance carrier have the right under the Virginia Workers' Compensation Act to have an employee examined by a doctor of their choosing without the permission of the Workers' Compensation Commission but only once per speciality. So if they request that you be examined by a psychiatrist, they get one shot at it without having to justify their reasons. They could still have you examined by their own back doctor since that is a different specialty. You are only required to appear for the examination and you are not required to bring any medical records with you.
Yes, the insurer has the right under the Virginia Workers Compensation law to have you examined by a doctor of their choosing. As noted by others they are limited to one doctor per speciality. If it is a long trip, you can request pre-payment of your travel expenses. If you have more questions you can contact me or review my website at www.virginiadisabilitylaweyer.com.