COURT OF APPEALS OF VIRGINIA
Present: Judges Annunzia ta, Bumgardner and Clements Argued at Salem, Virginia

CLINCHFIELD COAL COMPANY MEMORANDUM OPINION * BY v. Record No. 2877-03-3 J UDGE RUDOLPH BUMGARDNER, III JUNE 1, 2004 GARY PAUL SOULEYRETTE

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION Lisa Frisina Clement (Ramesh Murthy; Anne L. Musgrove; Penn, Stuart & Eskridge, on brief), for appellant. D. Allison Mullins (Lee & Phipps, P. C., on brief), for appellee.
Clinchfield Coal Company appeals a deci sion awarding medical benefits to Gary Souleyrette. It contends the medical tr eatment provided by Dr. Anuradha Puri was unauthorized. 1 Finding no error, we affirm. We view the evidence in the light most favorab le to the prevailing party, the worker, R.G. Moore Bldg. Corp. v. Mullins , 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990), and affirm the commission’s findings supporte d by credible evidence, Cask ey v. Dan River Mills, Inc. , 225 Va. 405, 411, 302 S.E.2d 507, 510-11 (1983).

* Pursuant to Code § 17.1-413, this opini on is not designated for publication.

1 The employer also maintains the worker was obligated to provide notice under Code § 65.2-603 that his treating physician retired and was required to sel ect a physician from its panel of doctors. Because we affirm the commission’s finding that the worker was properly referred to Dr. Puri, we do not address this argument.- 2 - On January 19, 2000, the worker sustained a co mpensable injury by accident to his right knee. He visited Dr. Galileo Molina 2 of Stone Mountain Health Services, who referred him to Dr. Neal Jewell, an orthopedic surgeon. Dr. Jewell tw ice operated on the worker’s knee and then referred the worker back to Dr. Molina to mon itor his pain medications. During the summer of 2001, Dr. Molina told the worker he was retiring. The worker last saw him on August 3, 2001. Dr. Puri, also with Stone Mountain Health Serv ices, treated the worker from November 26, 2001 through September 27, 2002. On February 1, 2002, Stone Mountain sent the employer notice that Dr. Molina had retired August 31, 2001 and that Dr. Puri would be the worker’s compensation doctor. Three days later, the employer provided the worker a new panel of treating physicians. The worker never selected a physician from this panel. On September 13, 2002, the worker filed a claim seeking payment for Dr. Puri’s treatment. The employer argued the worker fa iled to select a physician from the panel it provided him so it was not responsible for Dr. Pu ri’s treatment. The deputy commissioner found “no referral from Dr. Molina to Dr. Puri” but held the worker c ould treat with Dr. Puri until February 3, 2002, the day before the employer provi ded him with the new panel of physicians. Both parties appealed to the full commi ssion, which reversed the deputy commissioner’s decision. The commission held that Dr. Molina referred the worker to Dr. Puri when he retired. The commission held the employer liable for al l medical treatment provided by Dr. Puri. Dr. Molina told the worker he was going to re tire, and the worker testified that Dr. Puri “took over for Dr. Molina.” That evidence wa s corroborated by three documents. Stone Mountain Health Services advised the employer by letter dated February 1, 2002, that Dr. Molina had retired and that Dr . Puri had taken his place at th e clinic. Dr. Molina indicated

2 Dr. Molina was an employer-authorized physician.- 3 - that when he ceased practicing at the clinic, he referred his “patients, including Mr. Souleyrette to treat with Dr. Puri.” 3 Dr. Puri indicated she “continue [d] to provide treatment to Gary Souleyrette” after Dr. Molina left the clinic. 4 The treating physician is authori zed to direct the worker’s me dical care. Jensen Press v. Ale , 1 Va. App. 153, 158, 336 S.E.2d 522, 525 (1985). When a treating physician refers a worker for additional medical services, he must accept the medical service or forfeit compensation for as long as the refusal pe rsists. Breckenridge v. Marval Poultry Co. , 228 Va. 191, 193-94, 319 S.E.2d 769, 770-71 (1984). Cf. The Southland Corp. v. Welch , 33 Va. App. 633, 638-39, 536 S.E.2d 443, 446 (2000) (after treati ng with unauthorized doctor and then receiving employer’s panel of physicians, worker’s refusal to select em ployer physician renders her liable for subsequent medical treatment). The commission found that Dr. Molina had made a valid referral to Dr. Puri. The record supports the finding. Dr. Molina was the worker’s authorized treating phy sician, and he stopped practicing medicine on August 31, 2001. Before retiri ng, Dr. Molina referred his patients to Dr. Puri, who practiced at the same clinic. Dr . Molina managed the worker’s medical treatment and provided for its continuation upon his reti rement. The worker followed his treating physician’s instructions by treati ng with Dr. Puri. The referral made Dr. Puri the worker’s authorized treating physician. Accordingly, we affirm the commission’s deci sion that the employer was responsible for the medical treatment. Affirmed.

3 This was Dr. Molina’s November 18, 2002 response to a questionnaire from the worker’s counsel.

4 This was Dr. Puri’s September 27, 2002 res ponse to a questionnaire from the worker’s counsel.