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Guide to Virginia Workers’ Compensation Law

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Nurse case managers can be useful in assuring continuity of care, as well as obtaining access to the medical providers. Upon making a claim against the employer, the employee waives physician-patient privilege. While the employee can refuse to allow the nurse to be in the room during an examination, he cannot prohibit the NCM from speaking with his physicians. 6. Medical Cost Containment The employer is only responsible for reasonable and necessary medical treatment. Additionally, it will not be found responsible for medical charges in excess of the prevailing community rate. The Commission will also honor contractual agreements with medical providers that limit the amounts of their charges. Midkiff, Muncie & Ross, P.C. has several attorneys specializing in medical cost containment issues, and would be happy to represent your interests in any medical provider claims you may receive. B. Indemnity Benefits An employee can seek several types of indemnity benefits. Except for injuries sustained during a small window of time in the early 1990s, compensation for temporary total disability (TTD), temporary partial disability (TPD), and permanent partial disability (PPD) benefits cannot collectively exceed 500 weeks of benefits. The different types of indemnity benefits include: 1. Temporary Total Disability Benefits A totally disabled claimant is medically restricted from all work. He is entitled to 66 2/3 of his pre-injury average weekly wage, subject to the maximum and minimum compensation rates. A partially disabled claimant may also receive temporary total disability benefits if he has made a good faith attempt to market his residual work capacity, but has not found work, or if he is under an award and is released to restricted work. Under the latter scenario, the employer would need to either offer the claimant selective employment or assist the claimant in finding other work through vocational rehabilitation to end or reduce its exposure for indemnity benefits.

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