Maximum Medical Improvement: Failure to Follow Physician's Recommendations

Liberty v. Valor Re: Handel [01/30/08] 2008 MTWCC 7 Where the claimant did not choose to cease treating with his doctor, but was rather seen by the doctor with no follow-up appointment scheduled, the Court does not conclude that the claimant ceased to treat on his own initiative. Therefore, the claimant was not at MMI. While the claimant did not receive treatment for his cervical condition for several months, the record does not demonstrate that he deliberately failed to follow treatment recommendations.

Liberty v. Valor Re: Handel [01/30/08] 2008 MTWCC 7 Where the claimant did not choose to cease treating with his doctor, but was discharged from the doctor’s care, the Court does not conclude that the claimant ceased to treat on his own initiative and should therefore be deemed at MMI.

Burtell v. State Fund [3/18/02] 2002 MTWCC 18 Where claimant fails to follow through with the only treatment which might materially improve her condition, she has reached MMI.

Hams v. Liberty NW Ins. Corp. [2/10/00] 2000 MTWCC 6 Where treatment which might improve claimant's condition is available, it cannot be delayed or ignored so as to maintain claimant in a perpetual state of less than maximum healing, and where the treating physician recommends reasonable treatment, including elimination of particular vices such as caffeine or tobacco use, the claimant must follow the recommendations unless incapable of doing so or will be deemed to have reached MMI.