What is MMI (Maximum Medical Improvement)?

On May 21, 2010, in Getting the System, by David Kempston

In 1983, the Minnesota Legislature created the legal fiction known as maximum medical improvement (“MMI”).  This concept applies to injuries that occurred on or after January 1, 1984. 

The Legislature created MMI to serve two essential functions.  These are discussed below.  MMI is defined as “the date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain.”  Minn. Stat. §176.011(25) (2010).  Stated otherwise, MMI essentially means an injured worker is as good as they are going to get.  An analogous concept is that of a healing plateau. 

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We are very happy to announce that we have a new team member and author on board, David Kempston, an attorney with The Law Office of Thomas Mottaz

David has been a strong advocate for the injured worker. Since 2000 he has been designated “Super Lawyer” by the Minnesota Journal of Law and Politics. He also is listed in The Best Lawyers in America as seen in Minnesota Monthly.

Speaking and writing on workers’ compensation related topics has come easy for David as he frequently lectures and writes on the Minnesota workers’ compensation law.   For more information concerning David, feel free to check out his firms website

We look forward to the insight David will bring to our readers.

The Department of Labor and Industry published the following illustration. It does a fairly good job of showing some parts of the workers’ compensation “maze.” Click on the links and you will be directed to a the DOLI website.

Injured on the job        
arrow graphic        
Notify employer arrow graphic Employer completes FROI form
arrow graphic        
Seek medical attention arrow graphic Make HCP aware this is a work comp injury arrow graphic Get Report of Work Ability form
arrow graphic        
Lost time from work?        
arrow graphic arrow graphic      
Learn moreFAQs
Suggestions for:
successful
   doctor visit;
communicating
   with insurance
   adjuster;
communicating
   with employer
No Yes      
arrow graphic arrow graphic      
Return to work Waiting period  
arrow graphic      
Insurer files NOPLD form    
arrow graphic   arrow graphic    
  Claim denied arrow graphic    
    Claim accepted  
  arrow graphic   arrow graphic   arrow graphic
Wage-loss benefits Medical benefits Rehabilitation benefits

arrow graphic arrow graphic arrow graphic
Return to work

Workers' compensation benefitsAlthough the law controls the specific amounts duration and types of benefits in effect at the time of the injury, there are 4 main types of benefits available to an injured worker.

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