CHAPTER 580

An Act to amend and reenact § 65-85, as amended, of the Code of
Virginia, relating to duty to furnish medical attention and the effect
of refusal of employee to accept in workmen’s compensation cases.

[H 649]

Approved March 31, 1960

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 sixty days after an accident the
employer shall furnish or cause to be furnished, free of charge to the
injured employee, such necessary medical attention 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 Com-
mission, 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 sixty 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 sixty-day period, but not in excess of one
year including such period of sixty 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 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.