Supreme Court of Texas.
Severiano DeLEON, Petitioner,
ROYAL INDEMNITY COMPANY, Respondent.
Nov. 16, 2012.
Attorneys & Firms
*527 John Aubry Davis, J.A. Davis & Associates, LLP, San Antonio, TX, for Petitioner Severiano DeLeon.
Robert D. Stokes, Flahive, Ogden & Latson, P.C., Austin, TX, for Respondent Royal Indemnity Company.
In this case, the trial court determined that an injured worker had been assigned no valid impairment rating upon which to base impairment income benefits under the Texas Workers’ Compensation Act, 396 S.W.3d at 603. We reverse and remand to the trial court with instructions to remand to the Division.
Severiano DeLeon suffered a back injury while in the course and scope of his employment. More than a year later, he had TEX. LAB.CODE § 408.123. The designated doctor appointed by the Division determined that DeLeon had an impairment rating of twenty percent. The doctor based that decision on two Advisories issued by the Division to guide the calculation of impairment ratings for workers who had undergone spinal surgery and who had not had pre-operative spinal flexion x-rays. The hearing officer accepted the designated doctor’s *528 rating and the Division’s appeals panel upheld the examiner’s decision.
Royal Indemnity appealed the Division’s decision to the trial court. While the appeal was pending, the court of appeals for the Third District decided 396 S.W.3d at 602.
While DeLeon’s appeal to this Court was pending, we handed down our decision in Samudio, and pursuant to Texas Rule of Appellate Procedure 59.1, without hearing oral argument, we reverse the court of appeals’ judgment and remand to the trial court with instructions that the court remand the case to the Division in light of its determination that DeLeon has no valid impairment rating.