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Workers' Compensation

Texas Appeals Panel Decision 100536 – Impairment Rating (IR)

   By Stuart D. Colburn, Shareholder, Downs Stanford

The Designated Doctor (DD) diagnosed a cervical sprain/strain and certified maximum medical improvement (MMI).  At the Contested Case Hearing (CCH), the parties stipulated the injury extended to and included a disc herniation at C4-5.  The Appeals Panel wrote, “Clearly the designated doctor did not rate the entire compensable injury, as found by the hearing officer, because the designated doctor only opined the claimant had a cervical sprain/strain.”  Thus, the Appeals Panel reversed and remanded for further clarification from the DD on the issue of MMI and the proper impairment rating.

Lexis.com subscribers can access Texas Workers' Compensation Commission Appeal No. 100536.