Proof: Burden of Proof: Impairment

Thompson v. Liberty NW Ins. Corp. [2/25/04] 2004 MTWCC 16 A claimant who disputes the impairment rating and maximum medical improvement finding of his own treating physician bears the burden of persuading the Court that some other impairment rating and MMI date are more accurate. Where claimant failed to present any medical opinions contrary to those of his treating physician, he failed to carry his burden and the Court must adopt the treating physician's findings.