Legal Question in Workers Comp in Virginia

I fell on my job back in sept 09 and dislocated my shoulder. I am in my third month of physicl therapy. Collection workers comp. I do not plan on returning to this company once I am released from the dr. My questions is why would workers comp want to send a nurse out to evaulate me to see if the dr is doing everything he can to get me back to work. She is not the doctor. This was a part time job I pick up after I took early retirement from my full time job of 24 years. Can I reject them sending the nurse out, also should I tell them I plan on not returing to this part time job once the dr. releases me?

Va. workers comp


Asked on 1/11/10, 3:11 pm

2 Answers from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

The insurance company often puts a company nurse on a case. The nurse is usally assigned in order to make sure you get medical care as fast as possible and so that the doctor returns you to work as fast as possible. You do not need to sign any releases or authorizations requested by the nurse. You do have to be careful that the nurse does not try to dictate the medical care in your case. In particular, you should make sure there are no conversations between the doctor and the nurse when you are not present. You should never say you will not retun to your pre-injury job. For more advice you can contact me or visit my website at vwww.virginiadisabilitylawyer.com.

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Answered on 1/16/10, 6:11 pm
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

You can tell the nurse not to speak with you further and you can tell the doctor that you have not given permission for the nurse to speak to him. The nurse should not be present when you meet with your doctor. The Virginia Workers' Compensation Commission has guidelines on their website regarding the restrictions on company nurse case managers.

As for your plans in the future, I would never discuss these with the company nurse or the insurance adjuster. This could cause serious problems with your case. You are in a very tricky area of Virginia workers' compensation so you need to consult an experienced and knowledgeable Virginia attorney to apprise you of your rights at this point in your case.

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Answered on 1/17/10, 8:50 am


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