65.2-603 - Duty to furnish medical attention, etc., and vocational rehabilitation; effect of refusal of employee to accept.
§ 65.2-603. Duty to furnish medical attention, etc., and vocationalrehabilitation; effect of refusal of employee to accept.
A. Pursuant to this section:
1. As long as necessary after an accident, the employer shall furnish orcause to be furnished, free of charge to the injured employee, a physicianchosen by the injured employee from a panel of at least three physiciansselected by the employer and such other necessary medical attention. Wheresuch accident results in the amputation or loss of use of an arm, hand, leg,or foot or the enucleation of an eye or the loss of any natural teeth or lossof hearing, the employer shall furnish prosthetic or orthotic appliances, aswell as wheelchairs, walkers, canes, or crutches, proper fitting andmaintenance thereof, and training in the use thereof, as the nature of theinjury may require. In awards entered for incapacity for work, under thistitle, upon determination by the treating physician and the Commission thatthe same is medically necessary, the Commission may require that the employerfurnish and maintain bedside lifts, adjustable beds, and modification of theemployee's principal home consisting of ramps, handrails, or any appliancesprescribed by the treating physician and doorway alterations, provided thatthe aggregate cost of all such items and modifications required to befurnished on account of any one accident shall not exceed $25,000. Theemployee shall accept the attending physician, unless otherwise ordered bythe Commission, and in addition, such surgical and hospital service andsupplies as may be deemed necessary by the attending physician or theCommission.
2. The employer shall repair, if repairable, or replace dentures, artificiallimbs, or other prosthetic or orthotic devices damaged in an accidentotherwise compensable under workers' compensation, and furnish proper fittingthereof.
3. The employer shall also furnish or cause to be furnished, at the directionof the Commission, reasonable and necessary vocational rehabilitationservices; however, the employer shall not be required to furnish, or cause tobe furnished, services under this subdivision to any injured employee noteligible for lawful employment.
Vocational rehabilitation services may include vocational evaluation,counseling, job coaching, job development, job placement, on-the-jobtraining, education, and retraining. Those vocational rehabilitation servicesthat involve the exercise of professional judgment as defined in § 54.1-3510shall be provided by a certified rehabilitation provider pursuant to Article2 (§ 54.1-3510 et seq.) of Chapter 35 of Title 54.1 or by a person licensedby the Boards of Counseling; Medicine; Nursing; Optometry; Psychology; orSocial Work or, in accordance with subsection B of § 54.1-3513, by a personcertified by the Commission on Rehabilitation Counselor Certification (CRCC)as a certified rehabilitation counselor (CRC) or a person certified by theCommission on Certification of Work Adjustment and Vocational EvaluationSpecialists (CCWAVES) as a Certified Vocational Evaluation Specialist (CVE).
In the event a dispute arises, any party may request a hearing and seek theapproval of the Commission for the proposed services. Such services shalltake into account the employee's preinjury job and wage classifications; hisage, aptitude, and level of education; the likelihood of success in the newvocation; and the relative costs and benefits to be derived from suchservices.
B. The unjustified refusal of the employee to accept such medical service orvocational rehabilitation services when provided by the employer shall barthe employee from further compensation until such refusal ceases and nocompensation shall at any time be paid for the period of suspension unless,in the opinion of the Commission, the circumstances justified the refusal. Inany such case the Commission may order a change in the medical or hospitalservice or vocational rehabilitation services.
C. If in an emergency or on account of the employer's failure to provide themedical care during the period herein specified, or for other good reasons, aphysician other than provided by the employer is called to treat the injuredemployee, during such period, the reasonable cost of such service shall bepaid by the employer if ordered so to do by the Commission.
D. As used in this section and in § 65.2-604, the terms "medicalattention," "medical service," "medical care," and "medical report"shall be deemed to include chiropractic service or treatment and, whereappropriate, a chiropractic treatment report.
E. Whenever an employer furnishes an employee the names of three physicianspursuant to this section, and the employer also assumes all or part of thecost of providing health care coverage for the employee as a self-insured orunder a group health insurance policy, health services plan or health careplan, upon the request of an employee, the employer shall also inform theemployee whether each physician named is eligible to receive payment underthe employee's health care coverage provided by the employer.
F. If the injured employee has an injury which may be treated within thescope of practice for a chiropractor, then the employer or insurer mayinclude chiropractors on the panel provided the injured employee.
(Code 1950, § 65-85; 1952, c. 385; 1960, cc. 310, 444, 580; 1964, c. 366;1966, c. 388; 1968, cc. 377, 660, § 65.1-88; 1970, c. 470; 1972, c. 229;1973, c. 542; 1975, c. 280; 1980, c. 600; 1982, c. 585; 1983, c. 471; 1987,cc. 455, 475; 1989, c. 540; 1990, c. 789; 1991, cc. 275, 355, 376; 1994, c.558; 1997, c. 839; 1998, c. 65; 1999, c. 780; 2000, cc. 473, 1018; 2004, c.271.)