Legal Question in Workers Comp in Virginia

Is it legal for the injured employee to be examined by a psychiatrist even though the injury was a back injury?


Asked on 2/23/10, 5:42 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, to ensure that the complaint is not psychosomatic in origin.

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Answered on 2/28/10, 6:47 am
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

The employer and insurance carrier have the right under the Virginia Workers' Compensation Act to have an employee examined by a doctor of their choosing without the permission of the Workers' Compensation Commission but only once per speciality. So if they request that you be examined by a psychiatrist, they get one shot at it without having to justify their reasons. They could still have you examined by their own back doctor since that is a different specialty. You are only required to appear for the examination and you are not required to bring any medical records with you.

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Answered on 2/28/10, 3:32 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Yes, the insurer has the right under the Virginia Workers Compensation law to have you examined by a doctor of their choosing. As noted by others they are limited to one doctor per speciality. If it is a long trip, you can request pre-payment of your travel expenses. If you have more questions you can contact me or review my website at www.virginiadisabilitylaweyer.com.

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Answered on 3/01/10, 6:16 am


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