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Full Version: MMI and Pain Still
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I had found an old W/C Hearing Document, which states MMI may not be so, if still pain isn't stable. Meaning healing period should still take place. It would take a change of doctor's, and a very good write up by the new doctor's and a good attorney.

(A person remains within their healing period as long as their
condition is not medically stable and further medical
treatment can be undertaken to alleviate their symptoms.
See, Mad Butcher, Inc. v. Parker, 4 Ark. App. 124, 628
S.W.2d 582 (1982).)

http://www.awcc.state.ar.us/opinions/fc/...080731.pdf

Bummer you may wish to read the full Link, as I would take a close look also at Page #7 even though the location may be different from yours.
I will Bad Boy.

Thanks
BBB i have not read it yet,but im guessing if there is still issues at hand then you may be able to fight being put at MMI.if this is so then then this should help a lot of people including my self.thank oh bad one.
Thanks for the Info. BX4, You are Right on the Money. I Fought My First Round with w/c in Hearings for 2 1/2Years, and 12 Hearings, and I Believe I Testified in 10 or 11 of them. What I got the Judge to Understand, was that even though the last Job they were Offering Me was as Easy as Pie, and a 12 Year Old could do it, I couldn't Guarantee, due to My Pain and the Fatigue I Endure Daily, and the Concentration I've Lost from Medication, that I could not even Commit to 4 Hours Per Day, 5 Days a Week, due to the Reasons Above. I Told the Judge that it wouldn't be Fair to the Company, or to Myself because the Pain would be so Severe for Me to Accept the Offer, even though there May be Days I could do the Job! My Medical Evidence and Dr.'s Deposition Helped also, But I Proved to the Judge that I May never be at MMI, My Condition actually Deteriorates, and My MRI's Proved that, and The Judge Agreed, and Found Myself and My PM Dr.More Credible than Their Dr., and Their Utilization Review, which Stated I didn't need Opiates or ANY Pain Meds., only Neurontin for Inflammation. Their Dr. had Me at MMI, with Sedentary Restrictions, but by the Defense Delaying My Case for So Long, the Judge Actually had a Chance to See Me Deteriorate, because the Case took so Long. So I don't and Never have felt that MMI from a i/c Paid Dr. was Worth Much, and I was Fortunate with My Attorney's Help, to Beat Their Dr., and Win 11 1/2 of the 12 Petitions. The Judges Decision was 52 Pages Long, and on Appeal, I Won More!! It's All about staying up to Date on Your States Laws, a Good Attorney, a Ton of Patience, and Sound Medical Evidence, that Wins Cases, and knowing Your exact Injuries, and being able to Describe them to the Judge if Necessary!! Thanks Again for the Info., I'm Sure it Will Help Many!!Smile
My pain levels are so high right now I can't even concentrate long enough to read it. I'm still fighting though. Hope it helps all who need it. Thanks for the link BB, I will try to get through when I am feeling better.

Hugs,
monster
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