Judge Overrules TWCC on Spinal Impairments

AUSTIN -- A state district judge Friday prohibited the Division of Workers' Compensation from using two advisories issued by the former Texas Workers' Compensation Commission that allowed physicians to go beyond published impairment ratings in cases involving spinal fusion surgeries. Judge Darlene Byrne, 200th District Court, Travis County, signed a declaratory judgment holding TWCC Advisories 2003-10 and 2003-10B are "not applicable to establish impairment ratings ... and constitute an invalid attempt at ad hoc rulemaking. ..." Byrne permanently enjoined the Division of Workers' Compens...