HCBA Lawyer Magazine Vol. 30, No. 4 | Page 58

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 | HCBA LAWYER