CHAPTER 377

An Act to amend and reenact § 65-85, as amended, of the Code of Virginia,
relating to the duty of employers, to provide medical attention under
workmen’s compensation and the effect of employees’ refusal to ac-
cept such attention.

[S 255]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 65-85, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 65-85. Duty to furnish medical attention; effect of refusal of
employee to accept.—For a period not exceeding ‘ninety days after an
accident the employer shall furnish or cause to be furnished, free of charge
to the injured employee, such necessary medical attention, and where such
accident results in the amputation of an arm, hand, leg or foot or the
enucleation of an eye or the loss of any natural teeth, the employer shall
furnish the initial prosthetic appliance and shall furnish proper fitting
thereof, the total cost not to exceed one thousand dollars, and in addition
thereto. training in the use thereof not to exceed ninety days, as the nature
of the accident may require, and the employee shall accept, and during
the whole or any part of the remainder of his disability resulting from
the injury, the employer may, at his own option, continue to furnish or
cause to be furnished, free of charge to the employee, and the employee
shall accept, an attending physician, unless otherwise ordered by the
Industrial Commission, and in addition, such surgical] and hospital service
and supplies as may be deemed necessary by the attending physician or
the Industrial Commission. When, in the judgment of the Industrial
Commission, or a member thereof, the facts require a reasonable extension
of such medical care beyond such period of ninety days, the Commis-
sion, or a member thereof, may, in its or his discretion, require the em-
ployer to furnish free of charge to the injured employee such medical
attention for a reasonable time after the termination of the ninety-day
period but not in excess of three years including such period of ninety

ays

The employer shall repair, if repairable, or replace dentures, arti-
ficial limbs or other prosthetic devices damaged in an accident otherwise
compensable under workmen’s compensation, and furnish proper fitting
thereof, the total cost not to exceed one thousand dollars.

The refusal of the employee to accept such service 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 Industrial Com-
mission, the circumstances justified the refusal. In any such case the
Industrial Commission may order a change in the medical or hospital
service.

If in an emergency on account of the employer’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 said period, the reasonable cost of such
service shall be paid by the employer if ordered so to do by the Industrial
Commission.