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

Tex. Lab. Code § 408.121 (2026)

Impairment Income Benefits

✓ current as of May 2026
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Sec. 408.121. IMPAIRMENT INCOME BENEFITS. (a) An employee's entitlement to impairment income benefits begins on the day after the date the employee reaches maximum medical improvement and ends on the earlier of:

(1) the date of expiration of a period computed at the rate of three weeks for each percentage point of impairment; or

(2) the date of the employee's death.

(b) The insurance carrier shall begin to pay impairment income benefits not later than the fifth day after the date on which the insurance carrier receives the doctor's report certifying maximum medical improvement. Impairment income benefits shall be paid for a period based on the impairment rating, unless that rating is disputed under Subsection (c).

(c) If the insurance carrier disputes the impairment rating used under Subsection (a), the carrier shall pay the employee impairment income benefits for a period based on the carrier's reasonable assessment of the correct rating.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Notes of Decisions
Cited in 35 cases, 1996–2015 · leading case: Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999).
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Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999). · cites it 6× “See TEX. LAB.CODE § 408.121. The date of maximum medical improvement is fixed when an examining doctor certifies that no further material recovery or lasting improvement can reasonably be anticipated.”
Texas Gen. Indem. Co. v. Texas Workers' Comp. Comm'n, 36 S.W.3d 635 (Tex. App. 2001). · cites it 2× “Tex.Lab.Code Ann. § 408.121 (West 1996). The Labor Code defines “maximum medical improvement” 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…”
In Re H.E. Butt Grocery Co., 17 S.W.3d 360 (Tex. App. 2000). “See Tex. Lab.Code Ann. §§ 408.121(a), 408.126 (Vernon 1996).”
Am. Zurich Ins. Co. v. Samudio, 370 S.W.3d 363 (Tex. 2012). “Tex. Lab.Code § 408.121(a)(1). In an appeal to the district court of the Division’s impairment rating determination, unless there is evidence of a substantial change in the worker’s condition, the court may consider only evidence of impairment that was presented *365 to the…”
State Off. of Risk Mangement v. Linda Rodriguez, 355 S.W.3d 439 (Tex. App. 2011). · cites it 2× “See Tex.Lab.Code Ann. § 408.121. The date of maximum medical improvement is fixed when an examining doctor certifies that no further material recovery or lasting improvement can reasonably be anticipated.”
Castellow v. Swiftex Mfg. Corp., 33 S.W.3d 890 (Tex. App. 2001). “Tex.Lab.Code Ann. §§ 408.121, .142 (West 1996) & § 408.”
Bell v. Zurich Am. Ins. Co., 311 S.W.3d 507 (Tex. App. 2010). “See Tex. Lab.Code Ann. § 408.121 (Vernon 2006) (injured worker may become entitled to receive impairment benefits based on impairment rating assigned by physician).”
Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “Tex.Lab. Code Ann. § 408.121(a); Fulton v.”
Fireman's Fund Ins. Co. v. Weeks, 259 S.W.3d 335 (Tex. App. 2008). “MMI is defined as the earlier of “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” or “the expiration of 104 weeks from the date on which income…”
Beneficial Pers. Servs. of Texas, Inc. v. Rey, 927 S.W.2d 157 (Tex. App. 1996). “Tex.Labor Code Ann. § 408.121 (Vernon Pamp.”
Texas Gen. Indem. Co. v. Eisler, 981 S.W.2d 744 (Tex. App. 1998). · cites it 2× “Therefore, it argues, the TWCC contradicted the statute when it enacted administrative rule 130.8 which states that an injured worker was entitled to impairment income benefits regardless of whether the injured worker had at least seven days of disability.”
Am. Zurich Ins. Co. v. Samudio, 317 S.W.3d 336 (Tex. App. 2010). “Although both the Commission and the Division were in operation during the time relevant to this dispute, for consistency we will refer to the Commission and the Division as the Division only.”
Show all 35 citing cases →
— Tex. Lab. Code § 408.121(a) — 10 cases
Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999). “See TEX. LAB.CODE § 408.121. The date of maximum medical improvement is fixed when an examining doctor certifies that no further material recovery or lasting improvement can reasonably be anticipated.”
In Re H.E. Butt Grocery Co., 17 S.W.3d 360 (Tex. App. 2000). “See Tex. Lab.Code Ann. §§ 408.121(a), 408.126 (Vernon 1996).”
Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “Tex.Lab. Code Ann. § 408.121(a); Fulton v.”
State Off. of Risk Mgmt. v. Elaine E. Banks Joiner, 363 S.W.3d 242 (Tex. App. 2012).
State Off. of Risk Mangement v. Linda Rodriguez, 355 S.W.3d 439 (Tex. App. 2011). “See Tex.Lab.Code Ann. § 408.121. The date of maximum medical improvement is fixed when an examining doctor certifies that no further material recovery or lasting improvement can reasonably be anticipated.”
— Tex. Lab. Code § 408.121(a)(1) — 2 cases
Am. Zurich Ins. Co. v. Samudio, 370 S.W.3d 363 (Tex. 2012). “Tex. Lab.Code § 408.121(a)(1). In an appeal to the district court of the Division’s impairment rating determination, unless there is evidence of a substantial change in the worker’s condition, the court may consider only evidence of impairment that was presented *365 to the…”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015).
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