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Messitte v. Liberty Mutual Fire Insurance Company8/31/2001
s supported, of course, by her failure to fully recover in over ten years of various forms of treatment. In addition, several providers prior to Dr. Brown had found claimant to have reached a stationary point. (Ex. 17 at 25.) Dr. Brown had opined she was not yet at MMI because she had not received trigger point injections. (Ex. 19 at 9.) But those injections have since been given, with claimant reporting they did not help. (Id. at 14.) Without doubt, claimant has reached a stationary status, though she may have worse and better periods. Her treatments are therefore no longer "therapeutic" within ARM 24.29.2003.
JUDGMENT
Claimant is entitled to reasonable medical services and medicines for treatment of her ongoing occupational disease. These include reasonable periodic examinations by Dr. Brown or another qualified physician selected by claimant in accordance with applicable law, as well as reasonable prescribed medications.
Claimant is not entitled to the massage and health club and/or pool memberships recommended by Dr. Brown.
Claimant is entitled to costs, but not attorneys fees or penalty.
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.
This JUDGMENT is certified as final for purposes of appeal pursuant to ARM 24.5.348.
DATED in Helena, Montana, this 31st day of August, 2001.
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