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Tex. Lab. Code § 408.121

IMPAIRMENT INCOME BENEFITS

Known as the Texas Workers' Compensation Act

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

Applied in 17 court decisions — leading case Rodriguez v. Service Lloyds Insurance Co. (1999)

Most recently applied in American Zurich Insurance Co. v. Samudio (June 2012)

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff

How often courts cite this section

199620002010201240
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) An employee's entitlement to impairment income benefits begins on the day after the date the employee reaches maximum medical improvement and ends on the earlier of:

(1) the date of expiration of a period computed at the rate of three weeks for each percentage point of impairment; or

(2) the date of the employee's death.

(b) The insurance carrier shall begin to pay impairment income benefits not later than the fifth day after the date on which the insurance carrier receives the doctor's report certifying maximum medical improvement. Impairment income benefits shall be paid for a period based on the impairment rating, unless that rating is disputed under Subsection (c).

(c) If the insurance carrier disputes the impairment rating used under Subsection (a), the carrier shall pay the employee impairment income benefits for a period based on the carrier's reasonable assessment of the correct rating.

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