Claimant's Duties: Medical Advice

Montana State Fund v. RB [2/26/03] 2003 MTWCC 13 As a general matter, a claimant has a duty to follow medical advice so as to diminish the effects of her injury and minimize disability.
Montana State Fund v. RB [2/26/03] 2003 MTWCC 13 Section 39-71-1106, MCA (1995), permits an insurer to terminate compensation benefits where a claimant unreasonably refuses medical treatment recommended by a managed care organization or treating physician. The section does not authorize termination of benefits for refusal to submit to treatment recommended by an independent medical examiner.
Montana State Fund v. RB [2/26/03] 2003 MTWCC 13 In addition to the authority to terminate benefits under section 39-71-1106, MCA (1995), for non-compliance with treatment recommendations of a managed care organization or treating physician, an insurer may terminate benefits where a claimant refuses reasonable medical treatment which would improve claimant's condition and disability. Dosen V. East Butte Copper Mining Co., 78 Mont. 579, 254 P.880 (1927).
Montana State Fund v. RB [2/26/03] 2003 MTWCC 13 In determining whether a claimant's refusal of medical treatment is reasonable, the Court must consider "a multitude of variables," including claimant's psychological condition. Small v. Combustion Engineering, 209 Mont. 387, 681 P.2d 1081 (1984).
Montana State Fund v. RB [2/26/03] 2003 MTWCC 13 If a claimant is mentally capable to make rational and reasoned decisions concerning claimant's medical care but disregards medical advice and engages in conduct which undermines claimant's medical care, the insurer may be justified in terminating benefits.
Montana State Fund v. RB [2/26/03] 2003 MTWCC 13 If a claimant is mentally incapable of making rational and reasoned decisions regarding her medical care, an insurer cannot terminate benefits for the claimant's failure to follow medical advice, however, where the matter is brought to the attention of the Workers' Compensation Court, the Court will refer the matter to State authorities empowered to bring proceedings to protect the claimant.
Moore v. State Compensation Ins. Fund [04/17/95] 1995 MTWCC 29 The claimant has a duty to follow reasonable medical instructions with regard to treatment of her condition, including prescribed physical therapy and exercise. In light of her physician’s determination that her condition should resolve with appropriate treatment, she is cautioned that her failure to do so in the future may relieve the insurer of further liability for her condition.