The Defense Base Act is a significant piece of legislation that offers compensation and other benefits to ill or injured civilian workers employed abroad by the U.S. government. This federal law ensures that U.S. and foreign nationals working in military bases or under a contract with the government for public work or national defense receive appropriate medical care and financial support. However, within the Defense Base Act is a maximum medical improvement, which refers to the point an injured worker’s medical treatment is unlikely to improve with further treatment. In the context of DBA claims, MMI is important because it helps to determine the worker’s disability rating and eligibility for benefits.
How is Maximum Medical Improvement Determined?
Determining the maximum medical improvement of a worker requires the expertise of a medical professional who specializes in that worker’s medical condition. These professionals assess several factors to determine if the worker has reached the point of MMI. Their comprehensive evaluation usually involves considering the following:
- Diagnostic test
- Treatment plant
- Medical history
- Impact of injury on daily activities
- Ability to work
Establishing MMI in a DBA case is always treated on a case-by-case basis, and it typically involves assessing the nature of the injury, severity of the injury, type of medical treatment received, and anticipated long-term effects of the injury. Sometimes, reaching MMI means the patient fully recovers and has no work limitation. However, if the opposite is the case, and there’s a doubt with the report, contact our attorney for defense base act claims to file a complaint to the Industrial Commission or workers’ comp judge for a special hearing.
What is the Implication of Maximum medical improvement on DBA claims?
When a worker reaches the point of maximum medical improvement, and it’s not a case of full recovery, it will impact the worker’s DBA claim and benefits. Depending on the extent of the impairment, a disability rating is assigned to the worker. This rating influences the calculation of disability benefits the worker is entitled to.
Also, when workers reach MMI and can no longer return to their previous employment, they may be eligible for vocational rehabilitation services to facilitate their reentry into the labor market. Determining MMI also helps resolve disputes and reach settlement agreements. It provides a clear assessment of a worker’s medical condition, which will serve as the basis for negotiation between the employee, employer, and insurance company.
How is DBA Compensation Determined for Maximum Medical Improvement?
Workers protected under the Defense Base Act are eligible for disability and medical benefits, including death benefits. Medical benefits cover the cost of hospitalization, surgery, prescriptions, and physical therapy, amongst others. In the case of total disability, the worker is eligible for two-thirds of their average weekly earnings up to the current maximum weekly rate. This compensation is also payable in cases of partial loss of earnings.
In the unfortunate case of death, the employee’s spouse or one child is eligible to receive one-half of the employee’s average weekly earnings. On the other hand, two or more eligible survivors of the employee are eligible to receive two-thirds of the average weekly earnings up to the current maximum weekly rate. The DBA also has a provision that covers funeral expenses up to $3000.
