CHAPTER 388

An Act to amend and reenact § 65-85, as amended, of the Code of Virginia,
relating to employer’s duty to furnish medical attention. § 368)
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Approved April 1, 1966

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. 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 acci-
dent results in the amputation of an arm, hand, leg or foot or the enuclea-
tion 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, 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 physi-
cian, unless otherwise ordered by the Industrial Commission, and in addi-
tion, 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 Commission, or a member thereof, may, in its
or his discretion, require the employer 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 in-
cluding such period of ninety days.

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 Commission, the cir-
cumstances justified the refusal. In any such case the Industrial Commis-
sion 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 in-
jured 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.