3 Doctors Agree Wyo. Worker Reached MMI, Ending TTD Benefits

Case File

Because three doctors concluded that a worker had reached MMI, the Wyoming Supreme Court didn’t find a reason to grant a worker’s request for additional TTD benefits, even though evidence suggested that he could not perform sedentary work.

Case

Martinez v. State of Wyoming, No. S-26–0117 (Wyo. 11/04/26)

What Happened?

A maintenance worker for a veterinary clinic injured his back at work. After the injury, he stopped working, filed an injury report with the Wyoming Workers’ Compensation Division, and sought medical treatment. The Division found the worker’s injury compensable and began providing temporary total disability benefits.

A few months later, the doctor reported that the worker reached maximum medical improvement and had no permanent partial impairment. The Division referred the worker for an independent medical examination and a PPI rating.

Following the IME, the physician performing it issued a report to the Division, concluding that the worker had achieved MMI and that the worker had an ascertainable loss resulting in a 3% whole person impairment for PPI purposes. The physician also opined that the worker was ready to return to work with minimal restrictions.

Based on these findings, the Division terminated the worker’s TTD benefits and awarded PPI benefits totaling $5,642.28.

The worker obtained a functional capacity evaluation, which revealed the worker’s status as “unable to perform sedentary.” Although the FCE suggested significant functional limitations, it did not contradict the physicians’ conclusions that the worker had reached MMI.

Following the FCE, the IME physician amended his report, recommending that the worker be restricted to a sedentary job, be referred for vocational rehabilitation, and apply for permanent total disability benefits if he could not successfully reenter the workforce.

The worker underwent a second IME, which resulted in a 4% WPI rating.

Based on the second IME, the Division made a final determination of PPI benefits, adding $1,880.76 to the earlier award to reflect the increase in WPI.

The worker objected, and the Division referred the case to the Medical Commission, which upheld the termination of TTD benefits. On appeal to the district court, the worker also came up short, prompting the worker to appeal to the Wyoming Supreme Court.

Rule of Law

Under Wyoming law, TTD benefits are not perpetual; they terminate when an employee has an ascertainable loss and qualifies for PPI benefits. A claimant has suffered an ascertainable loss when it is apparent that permanent physical impairment has resulted from a compensable injury, the extent of the physical impairment due to the injury can be determined, and the physical impairment will not substantially improve or deteriorate.

An employee is considered to have suffered an ascertainable loss when his condition is at MMI; an injured employee is considered at MMI or has an ascertainable loss even if he still has pain that may need further medical treatment so long as substantial improvement of the underlying condition would not result from such treatment.

What the Wyoming Supreme Court Said

The Wyoming Supreme Court found substantial evidence to support the Medical Commission’s findings that the worker failed to satisfy his burden of proving that he was entitled to continued TTD benefits.

Specifically, the court highlighted that the worker’s doctor and both IME physicians found that the worker reached MMI on the same date. The worker did not present evidence other than his own testimony to contradict those findings.

“Once [the worker] achieved MMI, he could no longer receive TTD benefits,” the court wrote. “Therefore, based on the evidence in the record, the Medical Commission reasonably upheld the Division’s termination of the worker’s TTD benefits.”

Takeaway

The purpose of TTD benefits is to provide income for an employee during the time of healing from his injury and until his condition has stabilized. TTD benefits are not perpetual but terminate when an employee has an ascertainable loss and qualifies for PPI benefits.

Even severe ongoing work restrictions do not necessarily support continued TTD benefits if the medical evidence establishes that the claimant has reached maximum medical improvement. In Wyoming, eligibility for TTD generally ends when MMI is reached and an ascertainable loss can be rated for permanent impairment purposes.

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