Peninsula Transportation District Commission v. Gibbs

This is an appeal in a worker’s compensation case. The question for decision is whether the Industrial Commission erred in awarding compensation and medical expenses to the claimant, Mary H. Gibbs, despite her refusal to choose a physician from a panel selected by the employer, Peninsula Transportation District Commission, pursuant to Code § 65.1-88.1

This Code section requires an employer to furnish an injured employee “a physician chosen by the injured employee from a panel of at least three physicians selected by the employer.” The Code section provides that the “unjustified refusal of the…