[Cross-references: Date of MMI (I06); Impairment Rating (I07); Dispute of Designated Doctor MMI Date (I11).]

Only an IC, an IE, an IE's attorney, or an IE's representative defined under 28 Texas Administrative Code (TAC) Section 150.3(a) may dispute a first valid certified MMI date. 28 TAC Section 130.12(b)(1). Under 28 TAC Section 130.12(b)(1), where a DD has not been appointed to address MMI and IR, a party could dispute a first valid certification of MMI by either filing a request for a BRC (DWC-45) or a request for the appointment of a DD (DWC-32) before the 90-day period to file a dispute expires. APD 180848-s. If a DD has been appointed to address MMI and IR, the party must request a BRC pursuant to 28 TAC Section 141.1 to dispute the first valid certification of MMI.

Dispute.

On January 14, 2004, the IE received written notice of her first certification of MMI and IR assigned by a DD. On April 2, 2004, and within 90 days after written notice was delivered by verifiable means, the IE requested a BRC to dispute the first valid certified MMI date and/or first valid assigned IR. The AP found that the claimant's request for a BRC was a timely dispute of the first valid certified MMI date and/or first valid assigned IR under 28 TAC Section 130.12(b)(1).The AP also noted in the decision that requesting a letter of clarification be sent to the DD does not constitute a proper process to dispute the first certification of MMI and assigned IR.  APD 042163-s.

The treating doctor certified a first valid MMI date and assigned a first valid IR for the IE, and it was delivered by verifiable means to the IC on November 12, 2003. On December 3, 2003, the IC filed a TWCC-32 (now DWC-32) requesting that a DD be appointed. The IC completed Sections I and II of the form, and checked the block, "To dispute an assigned date of [MMI] and [IR][;]" however, the IC did not complete Section III of the form. The AP affirmed the ALJ's decision that the IC filed a TWCC-32 with TWCC (now DWC) on December 3, 2003, sufficient to dispute the first valid certified MMI date and first valid assigned IR pursuant to 28 TAC Section 130.12(b)(1). APD 043023-s.

Not a Dispute.

The DD examined the IE on January 6, 2004, and issued the IE's first valid certified MMI date and first valid assigned IR. On January 16, 2004, the IC received the first valid certified MMI date and first valid assigned IR. On January 26, 2004, the IC filed a TWCC-22 (now DWC-22) Required Medical Examination Notice or Request for Order to have the IE examined by a doctor of its choice, and the request was approved. On April 28, 2004, after the 90-day period expired, the IC filed a request for a BRC to challenge the DD's certification of MMI and assigned IR. The ALJ correctly decided that the IC failed to timely dispute the IE's first valid certified MMI date and first valid assigned IR. A dispute can only be made by requesting a BRC or, if a DD has not been appointed, by requesting that one be appointed. APD 041903-s.