Where a Florida worker sustained work-related injuries to her neck, back, and right shoulder in 2002, and subsequently suffered a psychiatric injury, in the form of depression, as a result of the injury and, prior to reaching MMI status, successfully petitioned...
While it is the duty the ALJ to determine the facts, including whether or not an injured worker has reached MMI status, that determination may not be made without the support of appropriate medical evidence, held a Colorado appellate court. Accordingly, where neither...
The Supreme Court of Wyoming affirmed a finding by the state’s Office of Administrative Hearings (OAH) that a workers’ compensation claimant had reached MMI—with a resulting end to TTD benefits—despite a medical treatment plan, on the part of the claimant’s medical...
An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence, some of which...
In a split (7–2) decision, the Supreme Court of Oklahoma has struck down yet another provision of the state’s controversial 2013 “reform” of its workers’ compensation law. The provision, Okla. Stat. tit. 85A, § 45(C)(5), defers...
Indicating that it was “not eliminating the concept of maximum medical improvement from the workers’ compensation lexicon,” the Supreme Court of Missouri held that while It was plausible, and likely probable, that the MMI date and the end of the...
Cases that hold maximum medical improvement (MMI) as a bright line test to end all TTD “should no longer be followed,” according to the Missouri Supreme Court in Greer v Sysco Food Services , SC 94724 (Mo. 2015) 2015 MO Lexis 248 (Lexis Advance), 2015...
A Connecticut court affirmed the finding of the commissioner that various medications prescribed by the plaintiff’s treating physician for a head injury that occurred some 18 years earlier were palliative rather than curative, and thus were not reasonable...