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H.B. No. 2198
AN ACT
relating to the certification of maximum medical improvement and
the impairment rating assigned to an employee in a claim for
workers' compensation benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 misdiagnosis 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 Section 408.104, the impairment
rating assigned after the end of the 104 weeks or after the end of
the extended period under Section 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overturned, or withdrawn, the first subsequent certification and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.
SECTION 2. (a) This Act applies to certifications of
maximum medical improvement and assignment of impairment ratings on
or after the effective date of this statute.
(b) This Act takes effect immediately if it receives a vote
of two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary for immediate effect, this Act takes
effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2198 was passed by the House on May
16, 2003, by the following vote: Yeas 142, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2198 was passed by the Senate on May
28, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor