Legal Question in Workers Comp in Virginia

11 Yrs ago I hurt my back on the job. I was given a Lifetime Medical Award. I went through every treatment, saw every doctor that was requested of me. I have been receiving very painful injections to help alleviate the pain. the most recent was in Sep of 2010. The insurance company has refused to pay the bill stating I have reached Maximum Medical Improvement. What does this mean and am I now responsible for payment?


Asked on 2/21/11, 8:36 am

2 Answers from Attorneys

Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

You are not responsible for this payment. Your medical award is for all related, reasonable, necessary and authorized medical treatment. This is in no way limited by your having reached maximum medical improvement. Insurance companies like to avoid their future responsibility by arguing that as you are at maximum medical improvement, further treatment is "unnecessary" and so they are done with you. However, you are entitled to palliative care so they are wrong. I would immediately file for a hearing before the Virginia Workers' Compensation Commission to get the bill paid.

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Answered on 2/21/11, 8:50 am
Michele Lewane Injured Workers' Law Firm

The fact that you are at maximum medical improvement does not mean they do not have to pay. As long as the doctor is saying that the treatment is reasonable and due to the work accident, they have to pay. Get a dr. note to this effect and file for a hearing on it.

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Answered on 2/21/11, 8:58 am


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