The Court of Appeals of Virginia affirmed the Workers' Compensation Commission's award of temporary total disability benefits to the employee from March 10, 2008 onward, finding the employee had reasonable justification to change treating physicians when her employer stopped paying for medical care.
What This Ruling Means
**What Happened**
Frederica Wiredu was injured at work while employed by South Valley Cleaners. She filed for workers' compensation benefits to cover her medical expenses and lost wages while she couldn't work. When her employer stopped paying for her medical care, Wiredu switched to a different doctor for treatment. The Uninsured Employer's Fund (which handles cases when employers don't have proper workers' compensation insurance) challenged her right to receive temporary disability benefits, arguing that her decision to change doctors was not justified.
**The Court's Decision**
The Virginia Court of Appeals sided with Wiredu. The court affirmed the Workers' Compensation Commission's decision to award her temporary total disability benefits starting March 10, 2008. The court found that Wiredu had reasonable justification to change treating physicians after her employer stopped paying for her medical care.
**What This Means for Workers**
This ruling protects injured workers' rights to seek appropriate medical treatment. If your employer stops paying for workers' compensation medical care, you have the right to find another doctor and continue receiving disability benefits. You don't lose your benefits simply because you had to change physicians due to your employer's failure to provide proper medical coverage.
This summary was generated to explain the ruling in plain English and is not legal advice.
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