The purpose of this bulletin is to inform system participants that Division Advisories 2003-10 and 2003-10B, relating to use of the 4th Edition AMA Guides Regarding: Evaluation of Range of Motion Deficits in the Extremities; Assignment of Impairment Rating for Spinal Fusion(s); Use of Cross-Index Grid for the Lower Extremity as a Teaching Tool; and Impairment Rating Based on Condition at Maximum Medical Improvement (MMI), shall no longer be used in determining impairment ratings.
On June 15, 2007, the Texas Supreme Court denied the petition for review in Texas Department of Insurance, Division of Workers' Compensation v. Lumbermens Mutual Casualty Company et al., 212 S.W. 3d 870 (Tex. App.-Austin 2006, pet. denied), which upheld the trial court's judgment declaring advisories 2003-10 and 2003-10B invalid and enjoining their continued use.
Questions regarding this bulletin should be submitted in writing to the following Division electronic mailbox: medicalbenefits@tdi.state.tx.us. You may also contact the Office of the Medical Advisor at: 512-804-4875.
____________________________
Albert Betts
Commissioner of Workers' Compensation
Texas Department of Insurance