Legal Question in Workers Comp in Virginia

Workman's comp
We live in va my son got his back hiurt working in a coal mine-he had back surgery and his workman's comp dr said he was able to go back to work-he was in so much pain-he got 2nd opinion. And that dr said he would never go back to work in coal mine. But he can't get any pain medications because they have to have a referral from his workmans comp dr. Which of course he won't give a referral. Is there anyway around this where my son can get pain med. Or go to a pain management clinic without a referral?

Asked on 7/08/08, 2:02 pm

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

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Re: Workman's comp

If your son has a Virginia Workers Compensation Injury, then you should check to see if you have an award at the Virginia WC Commission. If so, this entitles you to lifetime medical benefits for this VA WC Injury. However, the Commission tends to follow the "treating doctor" rule. This means the doctor you accepted for this injury is the treating doctor for this injury and his opinion is considered the most important. That is why the insurance company is denying your claim. You can file a Claim for Benefits with the Virginia Workers Compensation Commission and if you have a well-reasoned report from your doctor it could trump the WC Doctor.

Jerry Lutkenhaus

Answered on 7/12/08, 7:13 pm

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