PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —D ISABILITY , MMI & I MPAIRMENT

PJC 23.9

PJC 23.9

Maximum Medical Improvement and Impairment Rating (Multiple Alternative Impairment Ratings)—Question

If you answered “Yes” to Question ______ [ 23.8 ], then answer the following question. Otherwise, do not answer the following question. QUESTION ______ Find Paul Payne ’s date of maximum medical improvement and impairment rating from the following certification options. Answer by including month, day, and year.

[ Certification option 1 ]: [ Certification option 2 ]: [ Certification option 3 ]: Answer: _______________

COMMENT When to use. PJC 23.9 should be used when a party appeals a decision of the Division of Workers’ Compensation of the Texas Department of Insurance (DWC) that involves the issues of maximum medical improvement and impairment rating, the jury has answered the question presented in PJC 23.8 in favor of the appealing party, and the evidence presents more than one alternative impairment rating. The jury should be permitted to find alternative certifications of maximum medical improve ment and impairment only when the appealing party has secured a finding that negates a DWC determination that the claimant reached maximum medical improvement with a specific impairment rating. Burden of proof. The burden of proof should be placed appropriately in accor dance with the decision of the appeals panel. See PJC 15.1. Source of question and instructions. An employee receives impairment income benefits according to the employee’s impairment rating, which is the percentage of the whole body’s permanent impairment. See Tex. Lab. Code §§ 401.011(24), 408.124. To determine the impairment rating, an examining doctor evaluates the permanent effect of the employee’s injury under statutory guidelines. See Tex. Lab. Code §408.124. The doctor expresses the rating as a percentage of permanent impairment to the whole body. See Tex. Lab. Code §§401.011(24), 408.124. The greater this percentage, the greater the amount of impairment income benefits the employee receives. See Texas Workers’ Compensation Commission v. Garcia , 893 S.W.2d 504, 514 (Tex. 1995).

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