Texas Labor Codes 408.122 pre 6/17/01

(a) 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.

(b) [effective September 1, 1995.] To be eligible to serve as a designated doctor, a doctor must meet specific qualifications, including training in the determination of impairment to implement this subsection, and the commission may adopt rules as necessary. To the extent possible, a designated doctor must by in the same discipline and licensed by the same board of examiners as the employee's doctor of choice.

(c) If a dispute exists as to whether the employee has reached maximum medical improvement, the commission shall direct the employee to be examined by a designated doctor chosen by mutual agreement of the parties. If the parties are unable to agree on a designated doctor, the commission shall direct the employee to be examined by a designated doctor chosen by the commission. The designated doctor shall report to the commission. The report of the designated doctor has presumptive weight, and the commission shall base its determination of whether the employee has reached maximum medical improvement on the report unless the great weight of the other medical evidence is to the contrary.

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.