Tex. Labor Code Section 408.125
Dispute as to Impairment Rating


(a)

If an impairment rating is disputed, the commissioner shall direct the employee to the next available doctor on the division’s list of designated doctors, as provided by Section 408.0041 (Designated Doctor Examination).

(b)

The designated doctor shall report in writing to the division.

(c)

The report of the designated doctor shall have presumptive weight, and the division shall base the impairment rating on that report unless the preponderance of the other medical evidence is to the contrary. If the preponderance of the medical evidence contradicts the impairment rating contained in the report of the designated doctor chosen by the division, the division shall adopt the impairment rating of one of the other doctors.

(d)

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 division 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 division 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.

(e)

Notwithstanding Subsection (d), the treating doctor and the insurance carrier are both responsible for sending to the designated doctor all the injured employee’s medical records that are in their possession and that relate to the issue to be evaluated by the designated doctor. The treating doctor and the insurance carrier may send the records without a signed release from the employee. The designated doctor is authorized to receive the employee’s confidential medical records to assist in the resolution of disputes. The treating doctor and the insurance carrier may also send the designated doctor an analysis of the injured employee’s medical condition, functional abilities, and return-to-work opportunities.

(f)

A violation of Subsection (d) is an administrative violation.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.28, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1456, Sec. 5.04, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.115, eff. September 1, 2005.

Source: Section 408.125 — Dispute as to Impairment Rating, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­408.­htm#408.­125 (accessed Mar. 23, 2024).

408.001
Exclusive Remedy
408.002
Survival of Cause of Action
408.003
Reimbursable Employer Payments
408.004
Required Medical Examinations
408.005
Settlements and Agreements
408.006
Mental Trauma Injuries
408.007
Date of Injury for Occupational Disease
408.008
Compensability of Heart Attacks
408.021
Entitlement to Medical Benefits
408.022
Selection of Doctor
408.023
List of Approved Doctors
408.024
Noncompliance with Selection Requirements
408.025
Reports and Records Required from Health Care Providers
408.026
Spinal Surgery
408.027
Payment of Health Care Provider
408.028
Pharmaceutical Services
408.029
Nurse First Assistant Services
408.031
Workers’ Compensation Health Care Networks
408.0041
Designated Doctor Examination
408.041
Average Weekly Wage
408.0042
Medical Examination by Treating Doctor to Define Compensable Injury
408.042
Average Weekly Wage for Part-time Employee or Employee with Multiple Employment
408.0043
Professional Specialty Certification Required for Certain Review
408.043
Average Weekly Wage for Seasonal Employee
408.0044
Review of Dental Services
408.044
Average Weekly Wage for Minor, Apprentice, Trainee, or Student
408.0045
Review of Chiropractic Services
408.045
Nonpecuniary Wages
408.0046
Rules
408.046
Similar Employees, Services, or Employment
408.047
State Average Weekly Wage
408.061
Maximum Weekly Benefit
408.062
Minimum Weekly Income Benefit
408.063
Wage Presumptions
408.064
Interest on Accrued Benefits
408.081
Income Benefits
408.082
Accrual of Right to Income Benefits
408.083
Termination of Right to Temporary Income, Impairment Income, and Supplemental Income Benefits
408.084
Contributing Injury
408.085
Advance of Benefits for Hardship
408.101
Temporary Income Benefits
408.102
Duration of Temporary Income Benefits
408.103
Amount of Temporary Income Benefits
408.104
Maximum Medical Improvement After Spinal Surgery
408.105
Salary Continuation in Lieu of Temporary Income Benefits
408.121
Impairment Income Benefits
408.122
Eligibility for Impairment Income Benefits
408.123
Certification of Maximum Medical Improvement
408.124
Impairment Rating Guidelines
408.125
Dispute as to Impairment Rating
408.126
Amount of Impairment Income Benefits
408.127
Reduction of Impairment Income Benefits
408.128
Commutation of Impairment Income Benefits
408.129
Acceleration of Impairment Income Benefits
408.141
Award of Supplemental Income Benefits
408.142
Supplemental Income Benefits
408.143
Employee Statement
408.144
Computation of Supplemental Income Benefits
408.145
Payment of Supplemental Income Benefits
408.146
Termination of Supplemental Income Benefits
408.147
Contest of Supplemental Income Benefits by Insurance Carrier
408.148
Employee Discharge After Termination
408.149
Status Review
408.150
Vocational Rehabilitation
408.151
Medical Examinations for Supplemental Income Benefits
408.161
Lifetime Income Benefits
408.162
Subsequent Injury Fund Benefits
408.181
Death Benefits
408.182
Distribution of Death Benefits
408.183
Duration of Death Benefits
408.184
Redistribution of Death Benefits
408.185
Effect of Beneficiary Dispute
408.186
Burial Benefits
408.187
Autopsy
408.201
Benefits Exempt from Legal Process
408.202
Assignability of Benefits
408.203
Allowable Liens
408.0221
Request for Description of Employment
408.221
Attorney’s Fees Paid to Claimant’s Counsel
408.222
Attorney’s Fees Paid to Defense Counsel
408.0231
Maintenance of List of Approved Doctors
408.0251
Electronic Billing Requirements
408.0252
Underserved Areas
408.0271
Reimbursement by Health Care Provider
408.0272
Certain Exceptions for Untimely Submission of Claim
408.0281
Reimbursement for Pharmaceutical Services
408.0282
Requirements for Certain Informal or Voluntary Networks
408.0284
Reimbursement for Durable Medical Equipment and Home Health Care Services
408.0446
Average Weekly Wage
408.0815
Resolution of Overpayment or Underpayment of Income Benefits
408.1225
Designated Doctor
408.1415
Work Search Compliance Standards
408.1615
Lifetime Income Benefits for Certain First Responders

Accessed:
Mar. 23, 2024

§ 408.125’s source at texas​.gov