DWC Implements Pilot Project MMI/IR/Extent Cases

The Division has developed a pilot project to handle cases that involve the multiple issues of MMI, impairment rating, and extent-of-injury disputes. In a May 7, 2015 memo Deputy Commissioner for Hearings Kerry Sullivan explained that the project is:

a limited and voluntary pilot project to assess a two-step (“bifurcated”) approach to resolving disputes involving MMI/IR/EOI. In carefully chosen situations involving these three issues, the hearing session on EOI will be scheduled ahead of the hearing session on MMI and IR. This determination will be made at the benefit review conference (BRC), and only at the request of the parties. The pilot program is voluntary and will not be imposed over the objection of any party. If the parties agree during the BRC that either the EOI determination will likely lead to an agreement on MMI and IR or that the EOI dispute has so many variables that deciding it first will lead to a better outcome and a more efficient hearing, they will sign an “Election” to bifurcate the hearing, and the EOI issue will be tried first.

At the present time, the project is limited to BRCs and hearings conducted in the Division’s Weslaco field office. Mr. Sullivan has requested feedback from system participants regarding ideas and suggestions to improve the process for managing cases involving MMI/IR/EOI. He can be contacted at 512.804.4015 or by email at Kerry.Sullivan@tdi.texas.gov.