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Amend HB 3168 as follows:
(1) Add a new Section 2 as follows:
SECTION 2. Section 408.123, Labor Code, is amended by adding
Subsections (d), (e), (f), and (g) to read as follows:
(d) Except as provided in subsections (e), (f) and (g), the
first valid certification of maximum medical improvement and the
first valid assignment of impairment rating to an employee are
final if the certification of maximum medical improvement and/or
the assigned impairment rating is not disputed within 90 days after
written notification of the maximum medical improvement and/or
assignment of impairment rating is provided to the claimant and the
carrier by verifiable means.
(e) The first certification of maximum medical improvement
and/or impairment rating may be disputed after the 90-day period
if:
(1) There is compelling medical evidence establishing
the following:
(A) a significant error on the part of the
certifying doctor in applying the appropriate American Medical
Association Guides and/or calculating the impairment rating;
(B) a clear mis-diagnosis or a previously
undiagnosed medical condition; or
(C) prior improper or inadequate treatment of the
injury which would render the certification of maximum medical
improvement or impairment rating invalid; or
(2) There are other compelling circumstances as
established by Commission rule.
(f) If an employee has not been certified as having reached
maximum medical improvement before the expiration of 104 weeks from
the date on which income benefits begin to accrue or the expiration
of the date of any extension under §408.104, the impairment rating
assigned after the end of the 104 weeks or after the end of the
extended period under §408.104 is final if the impairment rating is
not disputed within 90 days after written notification of the
maximum medical improvement and/or assignment of impairment rating
is provided to the claimant and the carrier by verifiable means.
(g) If a disputed certification of maximum medical
improvement or assignment of impairment rating is finally modified,
overturned or withdrawn, the first subsequent certification and
assignment becomes final if it is not disputed within 90 days after
written notification of maximum medical improvement and/or
assignment of impairment rating is provided to the claimant and the
carrier by verifiable means.
(2) Renumber sections as necessary.