PJC General Negligence 2024

PJC 23.9

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

The impairment rating may also qualify an injured worker for supplemental income benefits, which provide long-term disability compensation. See Tex. Lab. Code § 408.142; see also Garcia , 893 S.W.2d at 514 . A doctor will not certify an impairment rating until the employee reaches “maxi mum medical improvement,” the point at which the employee’s injury will not materi ally improve with additional rest or treatment. See Rodriguez v. Service Lloyds Insurance Co. , 997 S.W.2d 248, 253 (Tex. 1999); Tex. Lab. Code § 408.121. “Maximum medical improvement” is the point when further material recovery or lasting improvement can no longer be reasonably anticipated or two years after income benefits begin to accrue, whichever is sooner. Tex. Lab. Code §401.011(30); Garcia , 893 S.W.2d at 513. Tex. Lab. Code §410.306(c) provides that “[e]xcept as provided by Section 410.307, evidence of extent of impairment shall be limited to that presented to the division. The court or jury, in its determination of the extent of impairment, shall adopt one of the impairment ratings under Subchapter G, Chapter 408.”

334