Fulton v. Associated Indemnity Corp.

BEA ANN SMITH, Justice.

Donald Fulton suffered a back injury while on the job and after several months of treatment was assessed at maximum medical improvement (MMI) with an impairment rating of seven percent. Six months later his symptoms resurfaced, and Fulton and his doctors asked the Workers’ Compensation Commission to amend his MMI certification date and impairment rating. The Commission determined that Fulton’s first MMI assessment and impairment rating had become final because he failed to dispute that rating within ninety days of its assignment, as required by Commission Rule 130.5(e)…