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[av_heading heading=’What is Maximum Medical Improvement in Workers’ Compensation?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]
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[av_heading heading=’What Maximum Medical Improvement Means For You’ tag=’h2′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]
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In its simplest form, maximum medical improvement or MMI, is the doctor’s way of saying “it’s as good as it’s going to get.” When an injury has occurred and the employee reaches a state where his or her condition cannot be improved, the doctor will inform the patient/client they have reached MMI. Once MMI is reached, the treating physician is saying no other reasonable treatment can be done to help the patient/client improve. Although, you may not be 100% better, you have reached a state where you have done everything you can do in that point in time. All of the treatment options should be exhausted before it is determined a patient has reached MMI.
If the patient is receiving workers compensation benefits and reaches MMI, his or her condition will be assessed, and the doctor will give a disability rating. Your attorney should request a written statement from your doctor when you have reached MMI, which should also contain your disability rating. Depending on the rating, the doctor will advise your employer on what tasks may or may not be performed, these are known as work restrictions. For example, if you have suffered a back injury but are able to return to work, your doctor may medically advise you to perform sit down or sedentary tasks. Since a back tends to get stiff after sitting down for long periods of time, the doctor may also advise you be able to hold a position where if necessary, you are able to stand up and work. Obviously, depending on your condition, it may be hard to hold a position that can do both, and the employer may not have a position where this is possible. The disability rating is important because depending on your condition, it is a key component in negotiating your settlement amount.
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[av_heading heading=’I’ve Reached Maximum Medical Improvement (MMI) But What If My Injury Worsens?’ tag=’h2′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]
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Generally speaking, if your case has not been settled and your injury worsens within 2 years after reaching MMI, you should go back to your doctor. You should not suffer through the pain because you are afraid to go, it’s important to let the doctor know of your condition. The doctor will medically determine whether your condition has worsened or not and if further treatment is necessary.
If you are not happy with your doctor’s evaluation when they feel you have reached maximum medical improvement, you are entitled to a second opinion. However, before you proceed you should consult a workers’ compensation attorney who is able to guide you in the right direction.
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The basic purpose of the Means Test is to determine whether a Debtor is eligible to file
This, of course, depends on the Debtor’s living situation at the time of filing and also looking forward. Generally speaking, if the Debtor has a larger household, it could mean the difference between passing the Means Test to qualify for a Chapter 7 bankruptcy or, instead, having to do a Chapter 13 bankruptcy. The more dependents or household members you have, the greater the state of median income for a family of that size. However, a larger household can also work against a Debtor by potentially adding more income and skewing the Means Test. It’s important to seek the help of an experienced bankruptcy attorney to help you determine your household size, but keep the following in mind.
There is a difference between household members and dependents. For example, your 13-year-old daughter would likely be considered a dependent and household member. Where it often gets tricky are for those who may have an 18 year old child or older still living at home. The courts will likely argue, the child is 18 years old and should no longer be considered a dependent, especially if they are working and paying their own bills. So let’s say for example this 18-year-old child was working and paying their own bills, but still living as part of the household. It is possible he or she could be included as part of the household for the Means Test but we would have to list his or her income and expenses. You may also have a situation where an older relative may live at your home and contribute no income at all.
Additionally, the