Disputing Maximum Medical Improvement and Impairment Ratings in Texas Workers’ Compensation Claims

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The Appeals Panel for the Texas Division of Workers’ Compensation has just made it more difficult for both parties to dispute maximum medical improvement and impairment ratings for workers’ compensation injuries. In Appeal No. 111006-S, the Panel reversed a rendered the judge’s decision and found that the insurance carrier failed to comply with Rule §141.1(d). In the case, the injured worker had a pending appointment with the designated doctor, when he received an impairment rating from the treating doctor. The insurance carrier filled out the Request for a Benefit Review Conference to preserve the 90 day window to dispute. However, they failed to provide documentation of efforts to resolve the disputed issues before requesting the Benefit Review Conference. Therefore, the Appeals Panel found that the insurance carrier failed to submit a complete request and the date of maximum medical improvement and the impairment rating from the treating doctor became final. The Division of Workers’ Compensation is strictly applying the rules regarding disputing impairment ratings. If you are not in agreement with your date of maximum medical improvement and/or your impairment rating, make sure that you complete all the requirements to maintain your dispute. The Morris Law Firm (214)357-1782 email: info@themorrisfirm.net.

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