Wednesday, February 25, 2009

MMI (Maximum Medical Improvement) with Self Insured Employers




It seems as though self insured employers have all of a sudden came up with a rather conniving way to declare their employees MMI (Maximum Medical Improvement). I've run into this situation a few times recently and it deserves some attention.



Self Insured Employers- Light Duty Work
Self insured employers quickly get their employee's back to work light duty and simultaneously have an IME (Independent Medical Examination) scheduled. Obviously their doctor finds the injured worker MMI and the employer files a motion to have the TTD (Temporary Total Disability) terminated. Very soon after filing the motion the self insured employer decides that they can no longer provide light duty. This is not exclusively a tactic by the self insured's as I have seen state fund employers use this very same tactic.


Defense Against MMI Finding and TTD Termination
There are plenty of arguments that can be made when this matter comes to hearing. Primarily the appropriateness of the IME itself and the timeliness of employer's motion. Be careful if you encounter this situation.

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