Impairment Rating Finality in Texas: Statutory Basis

1. Statutory Basis for Finality of Certification of MMI and IR

After the Court of Appeals tossed the 90 day administrative rule in Fulton, the legislature responded by “fixing” the statute by adding Sec. 408.123(e):

(e)  Except as otherwise provided by this section, an employee's first valid certification of maximum medical improvement and first valid assignment of an impairment rating is final if the certification or assignment is not disputed before the 91st day after the date written notification of the certification or assignment is provided to the employee and the carrier by verifiable means.

This provision establishes a number of elements to establish that a certification of maximum medical improvement (MMI) and impairment rating (IR) is eligible to and has become final.