A fight over coverage should not result in your not being covered. There is another step that you can and should take but you will need a knowledgeable Virginia workers' compensation attorney to take the steps immediately. It sounds like you do not have an attorney at present so you had best consider retaining an attorney who knows how to help you.
I have practiced Virginia WC Law for 35 years handling claims, accidents, and appeals. The situation you are in is one of the most deplorable problems with the WC Law. You had a major injury but two insurance companies are disputing which one is responsible. I am afraid there will be no payment until there is a final decision on which insurance company is responsible. There is a method for obtaining an expedited hearing but you are already beyond that stage. You are at the appeal/review stage of the process. Perhaps, you or your attorney can contact James J. Szablewicz, Chief Deputy Commissioner at the Commission and request an expedited review based on your circumstances. The number at the Commission is: 1-877-664-2566. Unfortunately, there are three Commissioners who handle the reviews. There is a new Commissioner effective July 1, 2012. Many reveiws have been held up pending his appointment.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
A good WC attorney can help you navigate this difficult situation.
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