Company Doctor
MMI Dispute.
Has your company doctor declared you at **Maximum Medical Improvement (MMI)** while you are still in pain? They are trying to cut off your maintenance and cure. **You have the legal right to see a doctor of your choice.**
"MMI is not a medical fact—it is a legal tactic."
The moment a doctor signs an MMI release, the shipping company stops paying your daily maintenance and cancels your medical coverage. This is often done before you have even completed physical therapy or received a second opinion.
Your Rights Under the Jones Act:
You have the absolute right to choose your own treating physician.
The employer must pay for the second opinion if MMI is disputed.
Maintenance must continue until "Maximum Cure" is actually reached, not just when the company doctor says so.
How to Dispute a Company Doctor's MMI Ruling
A premature MMI determination is not the end of your case. Maritime workers who follow these steps are far more likely to have benefits reinstated and receive a fair settlement.
Request Your Complete Medical Records
You are legally entitled to copies of all records from the company doctor — visit notes, test results, imaging, and treatment recommendations. Request them in writing immediately. These records often reveal that the company doctor spent minimal time on the evaluation or ignored ongoing symptoms.
Get an Independent Medical Evaluation (IME)
Under general maritime law, your employer cannot dictate which doctor you see. Choose an independent physician — preferably one experienced with maritime injuries — for a thorough evaluation. If the independent doctor disagrees with the MMI determination, their opinion carries significant weight in court. The cost of the IME may be recoverable as part of your cure entitlement.
Document Your Ongoing Symptoms
Keep a daily pain journal starting immediately. Note activities you cannot perform, medications taken, sleep disruption, and any worsening symptoms. This contemporaneous evidence is powerful in court because it contradicts the company doctor's claim that you have reached maximum improvement.
Notify the Employer in Writing
Send formal written notice that you dispute the MMI determination and intend to continue medical treatment. This creates a paper trail showing you did not accept the ruling. If the employer cuts off benefits despite your written dispute, it strengthens your claim for punitive damages.
File for Continued Maintenance and Cure
If the employer stops maintenance payments after the disputed MMI, you can file a legal action to compel continued benefits. Courts routinely reinstate maintenance and cure when the seaman provides evidence — such as an independent doctor's opinion — that the MMI determination was premature.
What Courts Say About Premature MMI
Federal courts have repeatedly ruled in favor of maritime workers who challenge premature MMI determinations. These landmark cases establish your rights.
Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009)
The Supreme Court held that punitive damages are available for the willful failure to pay maintenance and cure. If your employer knowingly uses a premature MMI determination to cut off your benefits, they face punitive exposure — damages designed to punish the employer, not just compensate you. This case transformed MMI disputes by giving seamen real leverage against bad-faith benefit denials.
Vaughan v. Atkinson, 369 U.S. 527 (1962)
The Court ruled that an employer who callously refused to pay maintenance and cure was liable for the seaman's attorney's fees. This established that bad-faith denial of maintenance and cure benefits carries financial consequences beyond just the owed benefits — the employer must also pay the legal costs of forcing the seaman to go to court.
The Osceola, 189 U.S. 158 (1903)
This foundational Supreme Court case established that maintenance and cure is owed until “maximum cure” — the point where further medical treatment will not improve the seaman's condition. Maximum cure is a medical determination based on objective evidence, not an employer's or company doctor's unilateral decision. This distinction is critical: a company doctor declaring MMI does not legally end your right to cure if an independent physician disagrees.
Frequently Asked Questions
What is Maximum Medical Improvement (MMI) in a Jones Act case?
MMI is when a doctor determines your condition has stabilized and further treatment won't improve it. Company doctors often declare MMI prematurely to cut off maintenance and cure payments. Under the Jones Act, you have the right to see an independent physician of your choice.
Can I dispute a company doctor's MMI determination?
Yes. Under the Jones Act and general maritime law, you are entitled to choose your own treating physician. If a company doctor declares MMI while you are still experiencing pain or limitations, you can seek an independent medical evaluation. Courts routinely side with seamen who challenge premature MMI determinations.
What happens to my maintenance and cure if I'm declared at MMI?
Once MMI is declared, your employer may attempt to stop maintenance and cure payments. However, if the MMI determination is premature or disputed, you can file a legal action to continue receiving benefits. Willful failure to pay maintenance and cure can result in punitive damages under Atlantic Sounding Co. v. Townsend (2009).
How do I get an Independent Medical Evaluation for my Jones Act case?
You have the right to choose any licensed physician for an independent evaluation. Select a doctor experienced with maritime or occupational injuries — not one affiliated with your employer or their insurance carrier. The independent doctor will review your medical history, conduct their own examination, and provide an opinion on whether you have truly reached maximum medical improvement.
Can I get punitive damages if my employer cuts off maintenance and cure after a premature MMI?
Yes. Under Atlantic Sounding Co. v. Townsend (2009), the Supreme Court confirmed that punitive damages are available when an employer willfully and wantonly fails to pay maintenance and cure. If your employer uses a premature MMI determination as a pretext to stop payments while knowing you still need treatment, punitive damages may apply on top of the owed benefits.
Understand your maintenance and cure daily rate entitlement in Texas before accepting any settlement — employers routinely underpay during recovery.
Review average Jones Act settlement statistics to understand what your case may be worth. Not sure if you qualify as a Jones Act seaman? Take our eligibility quiz.
Shoulder injuries — especially rotator cuff tears — frequently result in premature MMI declarations. Review shoulder injury settlement ranges to understand the full value of your claim before any MMI dispute is resolved.