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A BILL TO BE ENTITLED
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AN ACT
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relating to utilizing the range of motion model incorporated into |
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the 4th Edition of the American Medical Association Guides to |
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determine the impairment rating of the lumbar spine. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.124, Labor Code, is amended by |
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adding Subsection (d) to read as follows: |
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Sec. 408.124. IMPAIRMENT RATING GUIDELINES. (a) An award |
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of an impairment income benefit, whether by the commissioner or a |
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court, must be based on an impairment rating determined using the |
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impairment rating guidelines described by this section. |
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(b) For determining the existence and degree of an |
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employee's impairment, the division shall use "Guides to the |
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Evaluation of Permanent Impairment," third edition, second |
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printing, dated February 1989, published by the American Medical |
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Association. |
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(c) Notwithstanding Subsection (b), the commissioner by |
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rule may adopt the fourth edition of the "Guides to the Evaluation |
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of Permanent Impairment," published by the American Medical |
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Association, or a subsequent edition of those guides, for |
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determining the existence and degree of an employee's impairment. |
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(d) The Division shall use the range of motion model from |
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the fourth edition of |
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the "Guides to the Evaluation of Permanent |
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Impairment" to determine impairment for all lumbar injuries rather |
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than the injury or diagnosis-related estimates model regardless of |
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the which edition of the Guides the Division adopts pursuant to |
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subsection (b) or (c) of this section. |
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SECTION 2. This Act takes effect September 1, 2013. |