Texas Workers' Compensation: How to Dispute an Impairment Rating

Posted over 5 years ago. Applies to Texas, 8 helpful votes

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Impairment Rating disputes are time sensitive with deadlines. This means they have to be done right the first time. Here's how.

1

Receive an Initial Impairment Rating

In order for the ninety-day clock to start ticking, an injured work or an insurance carrier must receive a copy of the injured workers' impairment rating.

2

Discuss The Impairment Rating with Your Doctor

Does your doctor agree with the impairment rating that you were assigned? If not, does the doctor have any suggestions for ways to show that the impairment rating given is incorrect?

3

File a Dispute

While Rule 130.12 allows for two ways to dispute an impairment rating, if the rating is given by a designated doctor, the rule requires that the party disputing the rating must file a request for a benefit review conference. Oftentimes, it is difficult to determine whether the rating was given by a designated doctor (a state-appointed doctor) or some other physician, such as a treating doctor or an insurance company-appointed doctor. Therefore, I suggest that all impairment ratings be disputed by filing form DWC-45. You should indicate what the impairment rating is that you are disputing, and name the doctor that certified the rating. For instance: I am disputing the 5% impairment rating given to me by Dr. Brylowski.

Additional Resources

Division of Workers' Compensation Rule 130.12

Form DWC-045 Request For Benefit Review Conference

Basics of MMI and Impairment Rating Disputes in Texas Workers' Comp Claims

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