| History:
A claimant may not recover impairment income benefits unless evidence of impairment based on an objective clinical or laboratory finding exists. If the finding of impairment is made by a doctor chosen by the claimant and the finding is contested, a designated doctor or a doctor selected by the insurance carrier must be able to confirm the objective clinical or laboratory finding on which the finding of impairment is based.
Acts 1993, 73rd Leg., ch. 269, �1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, � 1.27, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. __, �__, (HB-2600) eff. June 17, 2001. Amended by Acts 2005, 79th Leg., effective 09/01/05.
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Relevant Case Law
Note: Court can only adopt impairment rating of physician qualified to issue rating.
Note: Designated doctors have no right under TWCA to interlocutory appeal.
Note: Designated doctor's opinion regarding impairment rating given presumptive weight.
Note: Benefit review conference not limited to issues raised in the notice.
Note: Injured worker who reaches MMI entitled to impairment income benefits whether or not disability lasted 7 days.
Note: Failure to timely appeal impairment rating prohibits reopening of impairment rating.
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