Can va. workers compensation change doctors at last minute, two wks. before hearing to get a outcome to favor them. what to do

Asked over 2 years ago - Richmond, VA

i been out on workers comp. in virginia since 12/2011 my claim has been excepted i have not recieved any compensation as of yet since being out of work i was told i would 14 days ater the accident i have multiple tears and messed up my rotator cuff i have been seen by a w/c doctor and a w/c surgeon after a (mri ) was done and was set for operation it has been 8 months, but the day of operation workers comp. cancelled and stated they want me to be seen by a diffrent w/c ortho. surgeon to get evaluated.

Attorney answers (2)

  1. Peter Michael Sweeny

    Contributor Level 11

    Answered . The insurance company cannot force a change of doctors on you like this. You need to consult an attorney as soon as possible before the insurance company forces something on you they shouldn't. You should also apparently be receiving your benefits and the fact that you are not receiving them means there is a bigger problem than you realize with your claim. You need to consult a Virginia attorney right away.

  2. Gerald Gregory Lutkenhaus

    Contributor Level 18

    Answered . I have practiced Virginia Workers Compensation law for 35 years. I agree with Mr. Sweeney that the insurance company cannot force you to switch treating doctors. However, the insurer can ask for a second opinion about your surgery. If the second doctor agrees that this surgery is necessary due to your accident, then you may not have a problem. You indicate the accident was 9 months ago but you have not yet received compensation. You also say there is a hearing in two weeks. This means your claim has not been "accepted" at this stage. You need to consult a WC lawyer immediately. See my website.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more

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