No MMI After Suffering a Broken Leg One Year Ago...

by Cheryl
(Grand Junction, CO)

My husband suffered a broken leg at work. A mud motor rolled off the forklift and hit my husband's leg and broke it. He had to have surgery and screws were placed in his leg. He then needed an additional surgery to remove the screws in his ankle because they were grinding into his bone (the screws were supposed to stay in his ankle but they created too much pain).

So two surgeries and almost a year later (on April 6th), and we have yet to receive his MMI (Maximum Medical Improvement). We don't want to lose his benefits for this taking so long. What are our options? Thanks.

Visitor Question:
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ANSWER for "No MMI After Suffering a Broken Leg One Year Ago...":

Cheryl (Grand Junction, CO):

An understanding of the term "Maximum Medical Improvement" might be helpful in answering your question...

Maximum Medical Improvement, also referred to as "MMI", refers to that stage of treatment for an injured employee covered by workers compensation insurance wherein further treatment will not be able to improve his medical condition.

This occurs in a few ways:

- It can occur when your husband's injuries have been stabilized and further medical treatment is unnecessary.

- It can occur when your husband has fully recovered from his injury.

- It can also occur when your husband's injuries aren't fully stabilized, but there just is no existing medical treatment which will stabilize his condition.

Once it is medically determined that your husband's injures have reached MMI, any temporary disability payments will cease. Once that occurs your husband's condition will be fully reviewed in an effort to determine whether his disability is permanent or partial.

That is where an injured employee's assessment of his own condition may, and often does, conflict with the employer's doctors. This occurs because the degree of disability determines the amount of money your husband will be paid by the workers compensation insurance company.

Under the facts you present there isn't any reason why your husband would lose his benefits. Until such time as your husband's treatment has reached MMI he should continue to receive temporary benefits.

When he reaches MMI they will tell him. At that point the insurance company should make him a settlement offer. If you or you husband have any questions simply ask the insurance company representative. In the meantime let's hope your husband's condition improves.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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