Impairment Rating Finality in Texas Workers' Compensation: Must Dispute within 90 days

The provision requires that the party wishing to dispute the certification of maximum medical improvement and impairment rating file the dispute with the Division prior to the 91^st day following receipt of the certification.

The statutory provision states that the 90 day period may not be extended. However, like any other provision, it is subject to the general DWC rules regarding computation of time. Rule 102.3 governs computation of time within the workers’ compensation system, and these provisions involve defining a working day:

So the days of a weekend, for example, do not either start the 90 day clock or allow it to expire early. A notice received on a Saturday does not begin the clock—the receipt is counted as Monday (cf. Rule 102.3(d). Conversely, a 90^th day occurring on a weekend extends the time period to the Monday following. Normal business hours also define proper receipt of notice and filing of disputes (cf. Rule 102.3(e)).