| [effective for a claim for workers' compensation benefits based on a compensable injury that occurs before June 17, 2001]
(a) If an impairment rating is disputed, the commission shall direct the employee to be examined by a designated doctor chosen by mutual agreement of the parties.
(b) 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.
(c) The designated doctor shall report in writing to the commission.
(d) If the designated doctor is chosen by the parties, the commission shall adopt the impairment rating made by the designated doctor.
(e) If the designated doctor is chosen by the commission, the report of the designated doctor shall have presumptive weight, and the commission shall base the impairment rating on that report unless the great weight of the other medical evidence is to the contrary. If the great weight of the medical evidence contradicts the impairment rating contained in the report of the designated doctor chosen by the commission, the commission shall adopt the impairment rating of one of the other doctors.
(f) [effective September 1, 1995.] To avoid undue influence on a person selected as a designated doctor under this section, only the injured employee or an appropriate member of the staff of the commission may communicate with the designated doctor about the case regarding the injured employee's medical condition or history before the examination of the injured employee by the designated doctor. After that examination is completed, communication with the designated doctor regarding the injured employee's medical condition or history may be made only through appropriate commission staff members. The designated doctor may initiate communication with any doctor who has previously treated or examined the injured employee for the work-related injury.
(g) [effective for an offense committed on or after September 1, 1995.] A violation of Subsection (f) is a Class C administrative violation.
Acts 1993, 73rd Leg., ch. 269, §1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, §1.28, eff. Sept. 1, 1995.
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