Legal Question in Workers Comp in Virginia
I live in VA. I was invloved in an fall accident which resulted in neck, back,wrist, and right knee injuries. I was awarded lifetime med coverage in 1996 through va workman comp. My current diagnosis is degenerative disc disease, arthitis, disc dessication L5, sciatica, and depression due to pain. I am currently being treated by Dr.B, a pain mgmt doctor and have been since 2003. Dr. B has referred me to three specialists - a neurologist, massage therapist and back and spine specialist. All 3 specialists have been delivering treatment consistently since 2004. Prior to Dr. B, I have been seen by seven diff doctors who all concur on the diagnosis. I have consistently complained tomy dr regarding ,y pain. He continues prescribe more medications. When I told him that i was depressed due to my high level of pain he prescribed a med for it (2005). Recently I sought psychological services 4 my depression due to pain. It was becoming so unbearable and affecting my work. So much so that I had to resign from my job for threat of being fired 4 inability to perform. Once the pschy dr contacted Dr. B, he wrote to the insurance carrier that my pain mas not due to my injury but to nonwork degeneration. Dr. B never explained this reasoning nor is there any medical documentation in my chart. He does not like to be questioned on his decisions. I believe he did it because Imy pschy questioned the amount of medications that I was on and suggested a new depression med. I am no longer able to go to any dr to be treated 4 my condition or recieve ane meds. I am currently unemployed and have no means to pay for a second opinion out of pocket. I have filed a request for a new panel of physicians and have a hearing scheduled. What can I do
1 Answer from Attorneys
You need to consult an experienced attorney familiar with Virginia workers' compensation law. The opinion of the treating physician is given great weight in Virginia and it is difficult to force a change in treating physicians. However, it can be done under the right circumstances. It is very important to know whether or not any of your time limits (statutes of limitation) have run on part of your claim. You need to consult someone as soon as you can.
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