As used in the Workers’ Compensation Act [52-1-1 NMSA 1978], “date of maximum medical improvement” means the date after which further recovery from or lasting improvement to an injury can no longer be reasonably anticipated based upon reasonable medical probability as determined by a health care provider defined in Subsection C, E or G of Section 52-4-1 NMSA 1978.
HISTORY:
1978 52-1-24.1, enacted by Laws 1990 (2nd S.S.), ch. 2, § 8.
Notes to Decisions
Maximum improvement not reached.
Evidence.
Under 52-1-24.1 NMSA 1978, the key to determining maximum medical improvement is expert medical testimony regarding whether the injured worker is more likely than not to recover further. Smith v. Cutler Repaving, 1999-NMCA-030, 126 N.M. 725, 974 P.2d 1182, 1999 N.M. App. LEXIS 2 (N.M. Ct. App.), cert. denied, 126 N.M. 532, 972 P.2d 351, 1999 N.M. LEXIS 52 (N.M. 1999).
Findings.
Finding that appellant worker reached maximum medical improvement under 52-1-24.1 NMSA 1978 was not in error because the trial judge was not required to base an impairment on rating on the medial testimony of the only physician who testified on the issue of the rating. Peterson v. Northern Home Care, 1996-NMCA-030, 121 N.M. 439, 912 P.2d 831, 1996 N.M. App. LEXIS 10 (N.M. Ct. App. 1996).
Maximum improvement not reached.
Under 52-1-24.1 NMSA 1978, a finding that a worker had reached maximum medical improvement of his mental injuries was erroneous where there was evidence that the worker was benefiting from outpatient therapy and needed considerable psychotherapeutic work. Smith v. Cutler Repaving, 1999-NMCA-030, 126 N.M. 725, 974 P.2d 1182, 1999 N.M. App. LEXIS 2 (N.M. Ct. App.), cert. denied, 126 N.M. 532, 972 P.2d 351, 1999 N.M. LEXIS 52 (N.M. 1999).
Workers’ compensation.
Under 52-1-24.1 NMSA 1978, the evidence was sufficient for a workers’ compensation (WC) judge to find that a WC claimant reached maximum medical improvement (MMI) on a specified date, because there was medical evidence to show that the claimant reached MMI on that date, and because the claimant’s current symptoms were the same as on the date found by the WC judge to be the date of the claimant’s MMI. Madrid v. St. Joseph Hosp., 1996-NMSC-064, 122 N.M. 524, 928 P.2d 250, 1996 N.M. LEXIS 431 (N.M. 1996).
Date of maximum medical improvement (MMI) was specifically defined in the Workers’ Compensation Act at 52-1-24.1 NMSA 1978, and the definition neither provided nor implied that the date of MMI was the date of a judicial determination of the disability rating. Levario v. Ysidro Villareal Labor Agency, 1995-NMCA-133, 120 N.M. 734, 906 P.2d 266, 1995 N.M. App. LEXIS 122 (N.M. Ct. App. 1995).
Doctor’s testimony that, without surgery, a worker had reached maximum medical improvement, and the worker’s refusal to have that surgery, was a sufficient basis for the workers’ compensation judge’s conclusion that a worker had reached maximum medical improvement for purposes of 52-1-24.1 NMSA 1978. Rael v. Wal-Mart Stores, 1994-NMCA-017, 117 N.M. 237, 871 P.2d 1, 1994 N.M. App. LEXIS 26 (N.M. Ct. App.), cert. denied, 117 N.M. 215, 870 P.2d 753, 1994 N.M. LEXIS 103 (N.M. 1994).