Medical Conditions: Fibromyalgia

B. v. Northwest Healthcare [7/28/03] 2003 MTWCC 52 Foot condition involving swelling and pain suffered by nursing home housekeeper was not caused by employment where her condition was inconsistent with any trauma, even repetitive trauma, occurring at work and where she suffered a long history of fibromyalgia and other medical conditions, including prior swelling in her legs.

Messitte v. Liberty Mutual Fire Ins. [8/30/01] 2001 MTWCC 51 Claimant suffering from muscle ailment beginning with lifting heavy items during waitressing work ten years prior was entitled to continued medical services from her treating physician, and prescribed medicines, but not to massage and health club membership. Where the Court credits claimant's testimony, supported by the medical record, that she suffers from the same muscle ailment that began during employment, it is not necessary to resolve whether fibromyalgia is a proper diagnosis or to judge debates in the medical community regarding fibromyalgia.

Klein v. Liberty Northwest Ins. Corp. [3/4/97] 1997 MTWCC 7 WCC declines insurer's invitation to determine whether fibromyalgia is a medically correct diagnosis. Compensability does not turn on the validity of the diagnosis. It requires only that the claimant suffer an injury of some sort and, for purposes of compensation benefits, be disabled as the result of the injury.

Klein v. Liberty Northwest Ins. Corp. [3/4/97] 1997 MTWCC 7 he medical evidence, as well as claimant's testimony and the insurer's acceptance of the claim, establishes that claimant did in fact suffer an industrial injury. She aggravated her preexisting and underlying condition, which was diagnosed as fibromyalgia. This led to deconditioning, a condition which was not remedied at the time the panel placed her at MMI. Since the deconditioning was a result of the occupational injury and since it was treatable with an exercise program, claimant did not reach MMI until she had the benefit of that program. The medical evidence, however, fails to establish that the effects of the industrial injury are permanent in any way. At most, she suffered a setback in a long-term condition. She is now at MMI and has no permanent impairment.

Klein v. Liberty Northwest Ins. Corp. [3/4/97] 1997 MTWCC 7 The insurer is liable for treatment to return claimant to her baseline status, even if some of that treatment flowed from the underlying condition (diagnosed as fibromyalgia) that flared up with the industrial accident. An employer and insurer take a claimant as they find her, with regard to both preexisting physical and emotional conditions. See Houts v. Kare-Mor, 257 Mont. 65, 68, 847 P.2d 701, 703 (1992).