Benefits: Medical Benefits: Secondary Medical Services

Hiett v. Missoula County Public Schools, 2003 MT 213 The phrase “achieving” medical stability and “achieved” medical stability as used in sections 39-71-116(25) and 39-71-704(1)(f), MCA (1995), respectively, mean the sustainment of medical stability. Given this interpretation, a claimant is entitled to such “primary medical services” as are necessary to permit him or her to sustain medical stability, which includes prescriptions for pain and depression prescribed for a claimant who has reached maximum medical healing, was not employed, and may well fall out of maximum healing without medication.

Hiett v. MSGIA [9/6/01] 2001 MTWCC 52 Where claimant has reached MMI, is not working, and is unlikely to work, she is not entitled to continued coverage of prescription medications under provisions authorizing secondary medical services because the provision limits secondary medical services to cases in which there is "a clear demonstration of cost-effectiveness of the services in returning the injured worker to actual employment." § 39-71-704(1)(b), MCA (1995). See Hiett v. Missoula County Public Schools, 2003 MT 213

Miller v. State Fund [5/14/01] 2001 MTWCC 21 Claimant with brain-damage and related back problems entitled to compensation for installation of handicapped bathroom facilities and tub for hydrotherapy based on recommendations from physician and chiropractor. Claimant is not entitled to a computer despite past adjuster's testimony that computers assist brain damaged individuals in communications and is therapeutic, where the record contains no medical opinion advising purchase of a computer for a therapeutic purpose but rather suggests claimant's desire to have a computer for operation of a family business.