Understanding The Limits Of The Unauthorized Treatment Defense

The Full Commission's decision in the case of Carballo-Cruz v. JC Brothers Construction, LLC, JCN: VA00002155780 (March 27, 2025) illustrates the limits of employer's ability to argue the defense of unauthorized treatment. In Carballo-Cruz the employer did not present a panel to the claimant but the claimant did begin treatment with a physician and establish a course of care with that physician. The claimant then decided to abandon care with that physician and selected a different doctor, Dr. Malek, for ongoing treatment. The Deputy Commissioner held that, even though the defendants never provided a panel, the claimant entered a course of treatment with Dr. Hashemi, and no circumstances justified a change from Dr. Hashemi. The Full Commission reversed and disagreed with the Deputy Commissioner.