On Appeal from the 419th Judicial District Court Travis County
The workers’ compensation case originated from a serious slip and fall injury the appellee sustained while employed by the Texas Department of Health and Human Services.  The appellee’s treating physician issued a report finding a maximum medical improvement date, and assessed a permanent impairment rating of thirty-four percent for the appellee. The Department of Insurance, Division of Workers’ Compensation (division) doctor examined the appellee and issued a report assessing a permanent impairment rating of seven percent.  There was nothing in the record to indicate the physician was advised, as was the doctor, of the maximum medical improvement date. A contested case hearing was held. The division’s hearing officer found that the doctor’s assigned impairment rating of seven percent was not supported by the preponderance of the evidence, as the physician's impairment rating of thirty-four percent was, and concluded that the appellee’s impairment rating was thirty-four percent. The appellant appealed the hearing officer’s determination to the division appeals panel. The appeals panel reversed the hearing officer’s finding, found that it was seven percent, based on the doctor’s report. The appellee appealed the decision of the appeals panel to the trial court. The court rendered judgment in favor of the appellee and ordered the appellant to adopt the impairment rating of thirty-four percent. The appellate court noted that because there was no statutory basis for the appeals panel or the trial court to disregard evidence, it concluded that the trial court was correct in refusing to disregard the physician's report. The court overruled the appellant’s initial complaint that the physician's certification was invalid because it failed to reflect the correct date of maximum medical improvement. The court had determined that the physician's certification was correctly considered as evidence of the appellee’s impairment on a date. Accordingly, the judgment was affirmed.