What does it mean when my Workers' Compensation
case is made stationary?
By Erica Melendez, Associate Attorney
When a doctor finds that your medical condition
has stabilized to the point that no further medical treatment will improve your
condition, or that you have reached “MMI- maximum medical improvement”,
your worker’s compensation case can be determined to be stationary.
This does not mean that the doctor is saying you are completely healed, it just
means that your healing has stabilized and the doctor isn’t recommending any
further treatment that will help your condition get better. At this point
the doctor should also give their opinion as to whether you have permanent
impairment to your body, if you have permanent work restrictions and whether
you need “supportive care”.
“Supportive Care” is treatment to keep your
medical condition at the same point that it is when the doctor stated you were
at maximum medical improvement. If your case is stationary the carrier
will send out a notice that says you are stationary and will send out notices
that award you the payment for the permanent disability and award the
supportive care.
Your treating doctor can give the
opinion that you have reached maximum medical improvement and give opinions as
to the impairment and supportive care. If the carrier accepts the
treating doctor’s recommendations that is ideal. However at times the
carrier will decide to send you to an Independent Medical Examination (IME)
with another doctor and that doctor will indicate whether he or she agrees with
the determination that you are stationary and will give opinions as to how much
permanent impairment and supportive care you should be awarded. If this
is different from your treating doctor’s opinion and you wish to appeal the
determination of the carrier, you can Request a Hearing with the Industrial
Commission.
If the carrier closes the case using an IME to determine you
have reached MMI, you can show the IME to your treating doctor, if your doctor
does not agree with the determination that you have reached MMI, you can
request a hearing with the Industrial Commission. An Administrative Law
Judge will then determine which doctor they find to be more probably correct
and will determine if your case should be made stationary or not. If your
case is found to be stationary based on the opinion of a doctor that is not
your treating doctor, always take the opportunity to request that your treating
doctor review the other doctor’s opinion and find out if your doctor agrees
with the opinions as to whether you require additional treatment, how much
permanent impairment you are granted and your supportive care award.
For more information about Snow, Carpio & Weekley, visit www.workinjuryaz.com
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