Once again, the possibility of future surgery does not negate MMI.

The Commonwealth Court has once again, for about the tenth time now, ruled that the possibility of a future surgery somewhere down the road does not mean that the claimant is not at maximum medical improvement.

In other words, just because the claimant might have a surgery in the future does not prevent the finding that the claimant is at maximum medical improvement.

The Employer can still obtain an impairment rating, and can still prove that the claimant is at MMI, even if the claimant says she is going to get some surgery in the future.

When will the claimant lawyers finally give up on this argument?

Nicole Neff v. Workers’ Compensation Appeal Board (Pennsylvania Game Commission), No. 130 C.D. 2014, Commonwealth Court of Pennsylvania. Filed: January 8, 2015.

Author: jfkesq

Pennsylvania lawyer.