There are many reasons why an employee may ask to reschedule a meeting with the Vocational Rehabilitation Counselor. The employee can be ill, there can be a family function or matter to attend to, the employee may not have transportation to the Vocational Rehabilitation Counselor (VCR) that day. On occasion, the employee may forget about the meeting.
In Virginia Worker’s Compensation cases, the defense has the right to hire a vocational rehabilitation counselor (VCR). The claimed goal of the VCR is to help an employee who is under an Open Award and who has reached his/her maximum medical improvement find new employment. Often an employee who has reached his/her best medial improvement condition is released to work with specific work restrictions which the employer cannot or will not accommodate. The defense will claim that the purpose of the VCR is just to help the employee find a job in Virginia where the employee can work with these specific restrictions.
In Virginia, the entry of the Open Award isn’t 100% foolproof. The employer has an additional 30 days AFTER the entry of the Award to withdraw the Award Agreement. This is also referred to as the Award becoming FINAL. Until those 30 days pass, the Award is not yet final. This means if it is withdrawn during that first 30 days after it is entered, the Award will be vacated and it will be as if the Award was never entered.
In you’re hurt at work in Virginia, you are NOT prevented from seeing any doctor you want to, and having treatment from the doctor you choose. You must simply realize that you may not be able to get the workers compensation carrier to pay for such treatment. You have the right to get a second opinion from a non-company doctor as long as you pay for it. (Depending on the case, our firm may sometimes arrange and pay for the evaluation and then get reimbursed when there is an eventual settlement of your case).
The Authorized Treating Physician. The authorized treating physician in a Virginia workers’ compensation claim merely refers to the doctor who the workers’ compensation carrier has agreed to allow to coordinate and direct your treatment. It is also the physician through whom they agree to pay for all recommended medical treatment. This medical provider is usually chosen and one of two ways:
The Notion of ‘Compensable Consequences’ under Virginia Law means “When a new injury occurs as a result or consequence of your work injury, then you can recover for the new injury. You are not even required to file a new claim for benefits for the additional body part, unless and until the claim for the new injury is denied.”
Virginia is actually fairly liberal on this issue. If you can show any aggravation of a pre-existing injury, then you are entitled to your FULL workers’ compensation benefits.
The basic keys to your claim:
Employers will try to change even an Open Award in a workers’ compensation claim. They will normally do this through an Application to Terminate Benefits (or a Termination of Benefits Agreement) because you are able to return to work. The basis for filing this application will be a report from a doctor that you are able to do your job.
Workers should know that the signing of the Award Agreement doesn’t fully protect the worker. Delay on the side of the employer often means the employer is trying to get a doctor to say the worker can return to work with some restrictions. Here are the steps a skilled Virginia Workers’ Compensation attorney will address when the Award Agreement isn’t quickly filed.
In other articles we’ve spoken about an Award Agreement. That is a document which you may sign whereby you and the workers compensation insurance company agree that you are to be paid certain benefits under the Virginia Workers Compensation Act.
But just because you signed and returned and award agreement to the adjuster doesn’t mean you get paid. The employer still needs to sign it AND forward to the Commission AND then the Virginia Workers’ Compensation Commission has to convert that agreement into a formal AWARD ORDER. Then 30 days must pass before the Award Order is considered FINAL. Until that happens, almost any change in circumstance will result in the comp carrier reneging on their agreement to pay you, which means you have nothing.
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If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.
