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Golubic v. Allied Systems5/30/2003
al reports, but also by Golubic's own testimony.
While it is true that Dr. Ballard recommended a "Functional Recovery Program" evaluation, the fact that payment for this treatment was denied, standing alone, does not control the date of maximum medical improvement. We have scoured the reports of both Drs. Gleis and Goldman, as well as the testimony of Golubic, for evidence of medical treatment or any indication of an improvement or deterioration of her condition since March 23, 2000 and have found none. Further, as pointed out by Golubic, the Guides define MMI as "a condition or state that is well stabilized and unlikely to change substantially in the next year with or without medical treatment. Over time there may be some change; however, further recovery or deterioration is not anticipated." Guides, Fifth Edition, Glossary, p. 601. (Emphasis added.)
It was Dr. Goldman's opinion that MMI was reached as of March 23, 2000, and Dr. Gleis's opinion was in accord with that assessment. Neither doctor attributed any significance to the failure to complete a functional recovery program/pain management nor did they recommend further treatment designed to improve Golubic's condition. We can ascribe no reasonable interpretation to Dr. Gleis's statements regarding maximum medical improvement, other than Golubic had attained that status on March 23, 2000.
This is especially true since Dr. Goldman believed Golubic's condition had been static for six months before that date. The evidence compels a finding that the recovery process was complete at the time of Dr. Goldman's evaluation. In summary, we believe Dr. Goldman's assessment of MMI and Dr. Gleis's agreement with that assessment provides conclusive support for the only reasonable finding - that Golubic attained maximum medical improvement on March 23, 2000.
For the foregoing reasons, the opinion and award of the ALJ is AFFIRMED on the issue of the extent of Golubic's permanent partial disability and REVERSED on the issue of TTD and REMANDED for entry of a corrected award in conformity with the views expressed in this opinion.
For the foregoing reasons, the opinion of the Workers' Compensation Board is affirmed.
ALL CONCUR.
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