                                 CODE OF VIRGINIA

DUTY TO FURNISH MEDICAL ATTENTION, ETC., AND VOCATIONAL REHABILITATION; EFFECT
OF REFUSAL OF EMPLOYEE TO ACCEPT (§ 65.2-603)

A. Pursuant to this section:

   1. As 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. Where such 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 loss of hearing, the
   employer shall furnish prosthetic or orthotic appliances, as well as
   wheelchairs, scooters, walkers, canes, or crutches, proper fitting and
   maintenance thereof, and training in the use thereof, as the nature of the
   injury may require.
   				In awards entered for incapacity for work, under this title, upon
   determination by the treating physician and the Commission that the same is
   medically necessary, the Commission may:
   				a. Require that the employer either (i) furnish and maintain modifications
   to or equipment for the employee&#8217;s automobile or (ii) if there is a loss
   of function to either or both feet, legs, hands, or arms and if the Commission
   determines that modifications to or equipment for the employee&#8217;s
   automobile pursuant to clause (i) are not technically feasible, will not
   render the automobile operable by the employee, or will cost more than is
   available for such purpose after payment for any items provided under
   subdivision b, order that the balance of funds available under the aggregate
   cap of $55,000 be applied towards the purchase by the employee of a suitable
   automobile or to furnish or maintain modifications to such automobile; and
   				b. Require that the employer furnish and maintain bedside lifts,
   adjustable beds, and modification of the employee&#8217;s principal home
   consisting of ramps, handrails, doorway alterations, or any appliances
   prescribed by the treating physician, except for appliances or medical
   equipment required to be furnished by the employer pursuant to subdivision A
   1.
   				The aggregate cost of all such items and modifications required to be
   furnished pursuant to subdivisions a and b on account of any one accident
   shall not exceed $55,000. This limit shall be increased on an annual basis at
   the same rate as provided in subsection C of &#xA7; 65.2-709.
   				The employee shall accept the attending physician, unless otherwise
   ordered by the Commission, and in addition, such surgical and hospital service
   and supplies as may be deemed necessary by the attending physician or the
   Commission.

   2. The employer shall repair, if repairable, or replace dentures, artificial
   limbs, or other prosthetic or orthotic devices damaged in an accident
   otherwise compensable under workers&#8217; compensation, and furnish proper
   fitting thereof.

   3. The employer shall also furnish or cause to be furnished, at the direction
   of the Commission, reasonable and necessary vocational rehabilitation
   services; however, the employer shall not be required to furnish, or cause to
   be furnished, services under this subdivision to any injured employee not
   eligible for lawful employment.
   				Vocational rehabilitation services may include vocational evaluation,
   counseling, job coaching, job development, job placement, on-the-job training,
   education, and retraining. Those vocational rehabilitation services that
   involve the exercise of professional judgment as defined in &#xA7; 54.1-3510
   shall be provided by a certified rehabilitation provider pursuant to Article 2
   (&#xA7; 54.1-3510 et seq.) of Chapter 35 of Title 54.1 or by a person licensed
   by the Boards of Counseling; Medicine; Nursing; Optometry; Psychology; or
   Social Work or, in accordance with subsection B of &#xA7; 54.1-3513, by a
   person certified by the Commission on Rehabilitation Counselor Certification
   (CRCC) as a certified rehabilitation counselor (CRC) or a person certified by
   the Commission on Certification of Work Adjustment and Vocational Evaluation
   Specialists (CCWAVES) as a Certified Vocational Evaluation Specialist (CVE).
   				In the event a dispute arises, any party may request a hearing and seek
   the approval of the Commission for the proposed services. Such services shall
   take into account the employee&#8217;s preinjury job and wage classifications;
   his age, aptitude, and level of education; the likelihood of success in the
   new vocation; and the relative costs and benefits to be derived from such
   services.

B. The unjustified refusal of the employee to accept such medical service or
vocational rehabilitation services when provided by the employer shall bar the
employee from further compensation until such refusal ceases and no compensation
shall at any time be paid for the period of suspension unless, in the opinion of
the Commission, the circumstances justified the refusal. In any such case the
Commission may order a change in the medical or hospital service or vocational
rehabilitation services.

C. If in an emergency or on account of the employer&#8217;s failure to provide
the medical care during the period herein specified, or for other good reasons,
a physician other than provided by the employer is called to treat the injured
employee, during such period, the reasonable cost of such service shall be paid
by the employer if ordered so to do by the Commission.

D. As used in this section and in &#xA7; 65.2-604, the terms &#8220;medical
attention,&#8221; &#8220;medical service,&#8221; &#8220;medical care,&#8221; and
&#8220;medical report&#8221; shall be deemed to include chiropractic service or
treatment and, where appropriate, a chiropractic treatment report.

E. Whenever an employer furnishes an employee the names of three physicians
pursuant to this section, and the employer also assumes all or part of the cost
of providing health care coverage for the employee as a self-insured or under a
group health insurance policy, health services plan or health care plan, upon
the request of an employee, the employer shall also inform the employee whether
each physician named is eligible to receive payment under the employee&#8217;s
health care coverage provided by the employer.

F. If the injured employee has an injury which may be treated within the scope
of practice for a chiropractor, then the employer or insurer may include
chiropractors on the panel provided the injured employee.

HISTORY: 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;
2011, c. 656; 2017, c. 491; 2022, c. 213.