Legal Question in Workers Comp in Virginia

surgery

I suffered a fall at work and have two herniated disk and I'm scheduled for a hemiainotomy and diskectomy in 2 weeks i have been getting WC on a regular basis what would happen if i backed out of the surgery? considering my doctors says its the only way to better my condition..


Asked on 1/13/09, 3:41 pm

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: surgery

Dear Sir:

As a Virginia Workers Compensation Attorney I can tell you as follows:

This is pretty serious injury. The surgery that is proposed is quite expensive. The insurance company would not ordinarily pay for it unless it was deemed necessary.

If this is deemed by your doctors to be the only reasonable course, then you may not be able to refuse it and still get weekly compensation benefits. If the insurance company feels there is a "reasonable" change this surgery will return you to some form of employment they will require you to undergo it in order to continue to maintain your weekly comp benefits.

If the doctor or doctors have said this is the only option for your condition, you may have no choice.

You may need to seek legal advice about this matter.

You should also make sure you have an award for this injury on file with the Virginia Workers Compensation Commission.

I am giving this opinon based on my 35 years as a Virginia Workers Compensation Lawyer. You can email me or call me for further advice.

Jerry Lutkenhaus,Virginia Workers Compensation Lawyer

http://www.virginiadisabilitylawyer.com

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Answered on 1/13/09, 4:05 pm


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