Tex. Lab. Code § 408.104

MAXIMUM MEDICAL IMPROVEMENT AFTER SPINAL SURGERY

Known as the Texas Workers' Compensation Act

The act spans §§ 401–419 (623 sections).

Applied in 4 court decisions — leading case Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management (2013)

Most recently applied in Westphal v. City of St. Petersburg/City of St. Petersburg Risk Management (September 2013)

Added by Acts 1997, 75th Leg., ch. 1443, Sec. 5, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) On application by either the employee or the insurance carrier, the commissioner by order may extend the 104-week period described by Section 401.011(30)(B) if the employee has had spinal surgery, or has been approved for spinal surgery under Section 408.026 and commissioner rules, within 12 weeks before the expiration of the 104-week period. If an order is issued under this section, the order shall extend the statutory period for maximum medical improvement to a date certain, based on medical evidence presented to the commissioner.

(b) Either the employee or the insurance carrier may dispute an application for extension made under this section. A dispute under this subsection is subject to Chapter 410.

(c) The commissioner shall adopt rules to implement this section, including rules establishing procedures for requesting and disputing an extension.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.