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Burtell v. State Compensation Insurnace Fund3/18/2002
al healing "means the status reached when a worker is as far restored medically as the permanent character of the work-related injury will permit." § 39-71-116(10), MCA (1989). I am persuaded that when claimant's TTD benefits were finally terminated in 1994, she was as far restored medically as her injuries permitted at that time. The fact that her medical condition thereafter deteriorated such that she could again benefit from treatment six years later, does not change that conclusion. She merely reverted to non-MMI status at that time.
When benefits were terminated in 1994, claimant had been approved to return to work in jobs for which she was qualified both medically and vocationally. That approval was still in effect in 1994 and never revoked. Moreover, a medical panel had issued a final order finding she was capable of returning to work and that determination was never appealed and was final. § 39-71-1012, MCA (1989). I was unpersuaded by claimant's excuses for not returning to work.
It was only on May 3, 2000, that claimant's condition had deteriorated such that she needed additional medical treatment which would improve her condition. At that point she was no longer at MMI and requalified for TTD benefits. Since the State Fund did not commence those benefits until September 15, 2000, she is due benefits for the period of May 3 through September 14, 2000. Her request for retroactive benefits is otherwise denied.
JUDGMENT
Claimant is entitled to additional TTD benefits for the period May 3, 2000 through September 14, 2000. Her request for retroactive TTD benefits is otherwise denied with prejudice.
Claimant is entitled to costs and shall file her memorandum of costs in accordance with the rules of this Court.
This JUDGMENT is certified as final for purposes of appeal.
Any party to this dispute may have 20 days in which to request a rehearing from these Findings of Fact, Conclusions of Law and Judgment.
DATED in Helena, Montana, this 18th day of March, 2002.
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