Legal Question in Workers Comp in Virginia

See primary doctor

I have been seen by physicians that my company sent me to for more than 30 days now. And I have had many problems with them. They have neglected to prescribe stronger medication for my pain. I informed these physicians that pain medication was insufficient to relieve my pain. I requested to be seen by my primary doctor who is not in the Insurance�s MPN network. Insurance claim adjuster informed me that it would not be authorized. Should I not see my doctor at all for my injury?


Asked on 9/05/08, 3:46 pm

1 Answer from Attorneys

Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: See primary doctor

Dear Sir:

You have every right to see your own primary doctor. However, you do not have the right to expect the insurance company to pay for your primary doctor if your primary doctor is not authorized. In Virginia when you begin medical care, the insurance company is required to provide you a panel of three (3) doctors to choose from. If they have not done so, you can still request the panel now. This gives you some freedom. If they refuse, you can call the Virginia Workers Compensation Commission. You will have to file a claim for your injury with the Commission before they will help you. Then you can check with one of the omsbudmans such as Joyce Hicks. She cannot help you until you file a claim.

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Answered on 9/05/08, 4:01 pm


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