Maximum Medical Improvement: When Reached

Feuerherm v. Liberty Northwest Insurance [12/04/07] 2007 MTWCC 50 Where a doctor’s uncontroverted opinion is that a complete tear of the subscapularis tendon was missed by the radiologist who initially examined Petitioner’s films, Petitioner was placed at MMI on the basis of that misread MRI film, and Petitioner’s treating physician testified that Petitioner’s condition would be reasonably expected to improve with surgery, the Court concludes Petitioner has not reached MMI from her industrial injury.
Porter v. Liberty [10/19/07] 2007 MTWCC 42 Where a claimant’s treating physician opined that the claimant had reached maximum medical improvement (MMI) when he had not treated the claimant in 14 months, and where the claimant had treated with other doctors in the interim, and where the treating physician then withdrew his opinion upon learning that the claimant had treated with other doctors since his last appointment with the treating physician, the Court does not find the claimant to be at MMI.
Copeland v. Montana State Fund [12/28/06] 2006 MTWCC 45 Maximum healing occurs at the point of time when further treatment cannot be reasonably expected to materially improve the injured worker’s condition. Boster v. Liberty Mutual Fire Ins. Co., 2002 MTWCC 64, ¶ 72. Since in the present case, it cannot be said that further material improvement would not be reasonably expected from primary medical treatment where Petitioner has not been given the opportunity to pursue further treatment, the Court concludes that Petitioner is not at MMI from his industrial accident.
Copeland v. Montana State Fund [12/28/06] 2006 MTWCC 45 Where a treating physician did not see a claimant in a year and a half and assumed that the claimant’s condition was unchanged and that the claimant must therefore be at MMI, the Court did not find the physician’s opinion that the claimant had reached MMI to be persuasive.
Crawford v. Liberty NW [4/3004] 2004 MTWCC 41 A claimant who has not reached maximum medical improvement is not eligible for permanent total disability benefits. §§ 39-71-702, MCA (1995-2001) and 39-71-116(23), MCA (1995). Lacking a factual foundation to do so, the Court will not address a contention that the provisions for permanent total disability allows permanent total disability benefits to be paid where the claimant has not reached maximum medical improvement with respect to all of his injuries but some of the claimant's injuries are at maximum medical improvement and are in themselves permanently totally disabling.
Fellenberg v Transportation Ins. Co. [3/19/04] 2004 MTWCC 29 Where the claimant suffers from a degenerative, progressive occupational disease that will never get better with any medical treatment, he is at maximum medical improvement (MMI). Affirmed in Fellenberg v. Transportation Ins. Co., 2005 MT 90
Thompson v. Liberty Northwest Ins. Corp. [6/12/02] 2002 MTWCC 34 Testing and medical evaluation is a part of medical treatment, therefore claimant has not reached MMI where further diagnostic tests and evaluation are deemed medically reasonable and necessary even though it may subsequently be determined that no further treatment would benefit claimant or where further treatment is identified and claimant refuses the treatment. Where treatment is recommended and refused, or not undertaken within a reasonable time, then MMI is reached at that time.
Burtell v. State Fund [3/18/02] 2002 MTWCC 18 A claimant who has reached MMI may return to non-MMI status where her condition deteriorates to the point that further treatment would materially benefit her condition.
Burtell v. State Fund [3/18/02] 2002 MTWCC 18 Maximum medical improvement is reached where further treatment would not materially improve claimant's condition, or claimant refuses or fails to follow through with treatment which might improve her condition.
Burtell v. State Fund [3/18/02] 2002 MTWCC 18 The fact that claimant's condition may later deteriorate and require treatment which will improve her condition does not negate the fact that she was MMI prior to the deterioration of her condition. MMI means only that she would not benefit from further treatment at the time of the MMI determination.