Legal Question in Workers Comp in Virginia

A physician, like anyone else, can render an opinion on anything. However, the weight to be given that opinion depends heavily on the basis for the opinion. So, yes, a physician can render his or her opinion based upon old records and tests and without actually examining the patient, but the opinion may not be entitled to much weight if its basis is weak and speculative.

In Virginia workers' compensation cases, it is not unusual to have insurance companies request a "records review" from some out of state contract physician of an unknown specialty just so that they can get the "opinion" or "diagnosis" that the insurance company wants. However, rarely are such opinions given much weight by the Virginia Workers' Compensation Commission when there is a more credible opinion from the injured worker's treating physician.

I agree with Mr. Sweeny. As he says a doctor can give an opinion on anything. The more complete the records he looks at the betterr his opinion. Moreover, reviewing all the records plus an examination of you would be the best opinion.

So, often insurers will want the doctor to review all prior records and then examine you in order for the opinion to be as strong as possible.

Conversely, if your doctor has reviewed all records and is treating you, then your doctor's opinion all other things being equal would have "greater weight" before the Commission.

For more information go to my website at www.virginiadisabilitylawyer.com.