MaxiMuM MediCal iMproveMenT and indeMniTy BenefiTs
Workers’ Compensation Section
Chair: Anthony Cortese - Anthony V. Cortese, Attorney at Law
The date of maximum
medical improvement
is the date after which
further recovery can
M
aximum medical
improvement
(MMI) is defined
as the “date after
which further recovery from, or
lasting improvement to, an injury
or disease can no longer be
reasonably anticipated, based upon
reasonable medical probability.”
§ 440.02(10), Fla. Stat. Two recent
56
no longer be
reasonably anticipated.
decisions apply this definition in
unusual situations.
In Olvera v. Hernandez Construction, 1
Olvera was working and fell from
a roof, severely fracturing his left
arm. Care was authorized with an
orthopedic surgeon who performed
two surgeries. Olvera continued to
have substantial symptoms, but the
doctor released him as reaching
MMI with an impairment rating
and work restrictions on May 31,
2016. Subsequently, Olvera did not
return to work.
Continued on page 57
MAR - APR 2020
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HCBA LAWYER