39-72-704, MCA
[1989]
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. The physician's recommenda-tions
for massage and health club membership must be judged under the language
of section 39-72-704, MCA (1989), allowing "other treatment approved
by the department." ARM 24.29.2003 and .2004 set out the Department's
standards in implementation of the statute. Under treating physician's
testimony, the massage and exercise would constitute maintenance which
is not compensable under the regulations. |