Thursday, February 26, 2009

Maximum Medical Improvement (MMI) and Minnesota Workers Comp

The date of Maximum Medical Improvement (MMI) assigned by a doctor in workers’ compensation cases is the date after which “no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain.”

What this means is that a doctor concludes that despite your continuing symptoms or pain, it is not anticipated that your work-related injury will significantly improve. An MMI determination can have a significant impact on your right to continued workers’ compensation benefits.

In making a determination as to whether you have reached Maximum Medical Improvement, a doctor will generally consider factors, such as your history of improvement, your current treatment, any pre-existing conditions you may have, and the proposed treatment for your condition.

If your doctor or an independent medical examiner concludes that you have reached MMI, the insurance company is required to serve you notice of Maximum Medical Improvement. The insurer may not use MMI as a basis to discontinue benefits until you have been served “notice” of Maximum Medical Improvement.

If you have reached MMI, your entitlement to temporary total disability benefits may be discontinued after 90 days. However, if you have multiple injuries or conditions, benefits may not be discontinued until it has been determined that you have reached Maximum Medical Improvement for all conditions or injuries. Moreover, if you require additional treatment for your condition, a Maximum Medical Improvement determination may not be valid. Even if you’ve validly been determined to be at Maximum Medical Improvement, if your condition renders you medically unable to work at some point in the future, you may be entitled to additional benefits.

If you’ve been scheduled for an Independent Medical Examination, or your doctor has discussed placing you at MMI, you should speak with a workers’ compensation attorney. To schedule a free consultation with one of our work comp. lawyers, call Meuser & Associates at 877-746-5680 or click here to send us an email.

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