Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 408. WORKERS' COMPENSATION BENEFITS
Texas Codes

Tex. Lab. Code § 408.104 (2026)

Maximum Medical Improvement After Spinal Surgery

✓ current as of May 2026
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Sec. 408.104. MAXIMUM MEDICAL IMPROVEMENT AFTER SPINAL SURGERY. (a) On application by either the employee or the insurance carrier, the commissioner by order may extend the 104-week period described by Section 401.011(30)(B) if the employee has had spinal surgery, or has been approved for spinal surgery under Section 408.026 and commissioner rules, within 12 weeks before the expiration of the 104-week period. If an order is issued under this section, the order shall extend the statutory period for maximum medical improvement to a date certain, based on medical evidence presented to the commissioner.

(b) Either the employee or the insurance carrier may dispute an application for extension made under this section. A dispute under this subsection is subject to Chapter 410.

(c) The commissioner shall adopt rules to implement this section, including rules establishing procedures for requesting and disputing an extension.

Added by Acts 1997, 75th Leg., ch. 1443, Sec. 5, eff. Jan. 1, 1998.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.111, eff. September 1, 2005.

Notes of Decisions
Cited in 4 cases, 2007–2013 · leading case: Westphal v. City of St. Petersburg/City of St. Petersburg Risk Mgmt., 122 So. 3d 440 (Fla. 1st DCA 2013).
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Westphal v. City of St. Petersburg/City of St. Petersburg Risk Mgmt., 122 So. 3d 440 (Fla. 1st DCA 2013). “” Tex. Labor Code § 408.104, referencing Tex.”
Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “1(b)(1), maximum medical improvement or MMI is: (A) the earliest date after which, based on reasonable medical probability, further material recovery from or lasting improvement to an injury can no longer reasonably be anticipated; (B) the expiration of 104 weeks from the date…”
Centre Ins. Co. v. Pollitt, 242 S.W.3d 112 (Tex. App. 2007). “The Act defines MMI as the earlier of: (A) the earliest date after which, based on reasonable medical probability, further material recovery from or lasting improvement to an injury can no longer reasonably be anticipated; (B) the expiration of 104 weeks from the date on which…”
Texas Builders Ins. Co. v. Calvin Molder (Tex. App. 2009). “1(b)(1), maximum medical improvement or MMI is: (A) the earliest date after which, based on reasonable medical probability, further material recovery from or lasting improvement to an injury can no longer reasonably be anticipated; (B) the expiration of 104 weeks from the date…”
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