Providing versus Posting Medical Panels

The Virginia Workers’ Compensation Act §65.2-603 states:

“[A]s long as necessary after an accident, the employer shall furnish or cause to be furnished, free of charge to the injured employee, a physician chosen by the injured employee from a panel of at least three physicians selected by the employer and such other necessary medical attention.”

Previously, we discussed how the Virginia Workers’ Compensation Act requires employers to provide care and coverage for injuries that arise out of and in the course of employment. A closer look at §65.2-603 clarifies what it means to “furnish medical attention.” Several key points in the language of the statute merit closer examination.

First, consider the word furnish. Dictionaries generally define it as “provide” or “supply someone with (something).” In this context, the statute requires the employer to furnish medical care to the employee after the injury occurs. This raises questions for employers who may have already posted a physician panel or included it as part of their onboarding process. Some employers simply post the panel on a bulletin board to provide general notice of approved physicians, sometimes listing multiple specialties. However, §65.2-603 requires more than just pre-posted information.

Courts have held that to fulfill obligations under §65.2-603, an employer must meet objective standards. The employer must offer a claimant a panel within a reasonable time following the injury, and the panel must meet the statutory requirements. Employers cannot rely solely on a bulletin board posting or assume the employee will seek out the information. Importantly, the statute does not permit reliance on a “good faith” effort alone; the panel must actually be provided at or shortly after the accident.

The statute also carries a presumption that the employer has accepted the claimed accident and injury as compensable. Otherwise, the employee would be required to use a physician chosen by the employer without any guarantee of payment. Courts have rejected this notion. If the employer rejects the claim, the employee may choose their own treating physician. Similarly, even if the employer accepts the claim but fails to offer a physician panel, the employee is free to select a provider. If the claim is ultimately deemed compensable, the chosen provider may become the treating physician under the Act, with the employer responsible for all related care.

Challenging compensability can have consequences as significant as accepting a claim, but following proper procedures ensures that both employers and employees remain within the predictable framework of the Act.

For guidance on workplace accident procedures, or for questions related to this article, please contact John Stacy (jstacy@setlifflaw.com) at (804) 377-1263 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.