Texas Appeals Panel Decision No. 100111 – Impairment Rating

   By Stuart D. Colburn, Shareholder, Downs Stanford

In Appeals Panel decision No. 100111, the Designated Doctor certified maximum medical improvement using range of motion.  The Designated Doctor applied the wrong upper extremity impairment due to external rotation using Figure 38, page 3/45.  The Designated Doctor improperly assigned a 7% impairment rating when Figure 44 clearly showed a 1% upper extremity impairment.  Based upon Appeals Panel decision No. 000028, the Appeals Panel found the Designated Doctor simply made a mathematical error.  Because a mathematical error can be corrected by the Appeals Panel, the Division found the proper impairment rating of 11% without a new DWC-69 from the designated doctor.

Lexis.com subscribers can access Texas Workers' Compensation Commission Appeal No. 100111.