PJC General Negligence 2024

PJC 23.15

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

PJC 23.15 Impairment—Definition “Impairment” means any anatomic or functional abnormality or loss existing after maximum medical improvement that results from a compensable injury and is reasonably presumed to be permanent. COMMENT When to use. PJC 23.15 may be used when a party has appealed a decision of the Division of Workers’ Compensation of the Texas Department of Insurance (DWC) involving the validity, existence, or percentage of an injured worker’s impairment rat ing. See PJC 23.8 and 23.9 for questions on impairment rating. Source of definition. Concepts of “impairment” and “disability” are not inter changeable under the Workers’ Compensation Act. “Impairment” means “any ana tomic or functional abnormality or loss existing after maximum medical improvement that results from a compensable injury and is reasonably presumed to be permanent.” Tex. Lab. Code §401.011(23); Insurance Co. of State of Pennsylvania v. Muro , 347 S.W.3d 268, 275 (Tex. 2011). “Disability” means “the inability because of a compen sable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Tex. Lab. Code § 401.011(16); Muro , 347 S.W.3d at 275.

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