One of the biggest issues with the Texas Workers’ Compensation system is confirming that the injured worker gets a fair date of Maximum Medical Improvement (MMI) and Impairment Rating (IR). Once a worker is found to be at Maximum Medical Improvement, they are not eligible to receive Temporary Income Benefits (TIBs).
If the worker has not been examined by a designated doctor, the certification may be disputed by filling out a DWC-32 form requesting a designated doctor to determine MMI and IR. If the injured worker has previously been examined by a designated doctor for MMI and IR, a DWC-45 form must be turned in to the Division of Workers’ Compensation to request a Benefit Review Conference.
Disputes over the certification are very time sensitive. A certification must be disputed within 90 of receipt by verifiable means. There are three statutory exceptions to this rule. So, if you have not disputed your certification within 90 days, consult with an attorney who practices workers’ compensation.
Daniel L Morris, The Morris Law Firm, firstname.lastname@example.org, (214)357-1782