Section 50. Rule 3. Filing documents

1. Agreements. All agreements as to payment of compensation shall be reduced to writing by the employer and promptly filed with the commission. If the claim is denied the employer shall notify the employee and the commission promptly in writing.

2. Medical reports. The original or a legible copy of all medical reports received by an employer or an employee relating to a claim shall be filed immediately with the commission. A copy of all reports shall be furnished to the opposing party. All medical reports relevant to a claim shall be required reports subject to provisions of § 65.2-902 of the Code of Virginia. Failure by a party to file a medical report shall be grounds for imposing sanctions. Required reports shall also include:

A. Commission Form 6 or equivalent;

B. Attending physician's notes and reports;

C. Emergency room reports;

D. Operative notes;

E. Hospital admission and discharge summaries;

F. Cumulative progress notes; and

G. Return to work or disability slips.

A medical care provider attending an injured employee shall, upon request from an employer or an employee, furnish a copy of required reports, at no cost except for a nominal copying charge.

A medical care provider is entitled to a reasonable fee for preparation of a narrative report written in response to a request from a party if the report requires significant professional research or preparation.

Historical Notes

Derived from VR405-01-06, Rule 4, eff. January 1, 1994.

Statutory Authority

§ 65.2-210 of the Code of Virginia.