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Virginia Compliance

Physician Selection 65.2-603

After receiving notice of an accident or occupational disease, provide the employee with a panel of at least three physicians, who are not affiliated with each other, from which to select a treating physician. If the employer does not provide a panel, the employee may elect to receive treatment from any healthcare provider.

If the employer fails to provide the claimant with a proper panel at the appropriate time, the employer may be liable for all treatment related to the compensable injury rendered by any physician.

In an emergency, the employee may be treated at a hospital, emergency room, or other emergency care facility. The employer should provide a panel of doctors as soon as possible after the emergency treatment.

(Note that a sole proprietor or partner who elects coverage must notify the insurance carrier who will provide the panel of treating physicians.)