Legal Question in Workers Comp in Virginia
Panel of 3 Physicians Outdated
Per Va Workers Comp Commssion Law,''The employee must select a doctor from a panel of 3 physicians provided by the employer/carrier.If a panel is not offered after notice of accident,the employee may seek treatment from any physician.The treating physician may refer the employee to other doctors.Once treatment begins,the physician cannot be changed without approval of the employer/carrier or after a hearing by the Commission.My friend soon after his accident,sought tratment from a physician(whom he is comfortable with and treatment has already begun,Exam, Medication,EMG,&PT)he was referred to because a panel had not been offered.Almost 1 month later,a panel is offered. He selects a Dr from the panel and attempts to make an appointment to see this Dr,and low & behold,the Dr. has been retired for over a year and the Dr.my friend is currently seeing is now seeing the retired Dr.'s patients. Can my friend be forced to select another Dr. since he followed guidelines?He did go a step further to try and contact a 2nd Dr.from the panel,but that phone number was disconnected and he heard that that Dr.is incarcerated. Bottom line the Carrier's list was old & outdated.They now want him to select from a 2nd panel of 3 new Drs. Is this legal?
1 Answer from Attorneys
Re: Panel of 3 Physicians Outdated
Sure, it's probably legal, but your friend should present to the Commission in writing his clearly stated reasons and argument as to why he believes he should be allowed to retain his current treating physician and, if necessary, request a hearing before the Commission on the matter.
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