Medical Evidence: Objective Medical Findings

Healy v. Liberty Northwest [10/23/07] 2007 MTWCC 43 The Court is unpersuaded by an IME doctor’s opinion that no objective medical findings support the claimant’s complaints of back pain when an MRI revealed a bulging disk at L4-5 and a herniation at L3-4 which were disregarded by the doctor for unknown reasons. While the doctor may have had evidence which warranted a skeptical approach to the claimant’s subjective pain complaints, objective findings were present and at least warranted further investigation.

Johnson v. State Compensation Insurance Fund [8/20/99] 1999 MTWCC 52 63-year old truck driver fell and hit his head, shoulder, and lower back. Insurer accepted liability, but terminated TTD benefits when a physician released claimant to return to work. Medical records indicate claimant exaggerated his symptoms and failed to cooperate with medical testing and examination. His in-court testimony about his pain and limitations was not credible. While claimant unquestionably suffers from osteoarthritis, there was no objective medical evidence that he could not return to work in identified jobs. While it is possible claimant suffers genuine neck and low-back pain, his invalid responses during IME and FCE testing, his questionable responses during other medical examinations, and his behavior in Court make it impossible for the WCC to determine the true nature of his pain and disability. TTD benefits properly terminated; claimant is not PTD.

Matthews v. State Fund [2/4/99] 1999 MTWCC 13 affirmed Matthews v. State Fund, 1999 MT 225 No medical evidence supports claimant's theory of conversion disorder resulting from fall at work. Claimant's arguments are based on references within some medical records to possibilities for consideration, not upon objective medical conclusions. Claim denied.