Bradley v. Southland Corp.
Docket: No. 0080-86-3
Court: Court of Appeals of Virginia; February 3, 1987; Virginia; State Appellate Court
An employee claiming an employment-related injury is not obligated to seek medical care from an employer's designated panel of physicians unless the employer has authorized such care at its expense. The Industrial Commission's decision to deny disability benefits to Laura J. Bradley is reversed. Bradley injured her back while working for Southland Corporation, initially receiving care from a panel physician, but she did not miss work. After exacerbating her injury, her supervisor did not instruct her to seek medical care from the panel or authorize treatment at the employer’s expense. Consequently, she sought treatment from an orthopedic specialist outside the panel. Southland denied liability for her injury, and the Commission denied her benefits based on her failure to consult a panel physician. The Commission incorrectly assumed Bradley was aware of the necessity to seek panel care, neglecting the fact that Southland had not authorized her to obtain medical treatment at its expense. Under Code § 65.1-88, an employee is only required to accept medical care that the employer provides at no cost. Southland's denial of liability indicated that they were not obligated to provide care or a panel of physicians. Moreover, Bradley had no authority to incur medical expenses at Southland’s cost due to their denial of liability, thus making her treatment expenses non-compensable. The court concluded that an employer denying liability cannot mandate that an employee seek treatment only from specified physicians while refusing to cover associated costs. The Commission's ruling was reversed, and the matter was remanded for further proceedings. The court refrained from addressing the broader issue of whether an employee could be denied benefits under these circumstances when an employer offers a panel but denies liability.