Texas Codes

Tex. Lab. Code § 408.124 (2026)

Impairment Rating Guidelines

✓ current as of May 2026

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Sec. 408.124. IMPAIRMENT RATING GUIDELINES. (a) An award of an impairment income benefit, whether by the commissioner or a court, must be based on an impairment rating determined using the impairment rating guidelines described by this section.

(b) For determining the existence and degree of an employee's impairment, the division shall use "Guides to the Evaluation of Permanent Impairment," third edition, second printing, dated February 1989, published by the American Medical Association.

(c) Notwithstanding Subsection (b), the commissioner by rule may adopt the fourth edition of the "Guides to the Evaluation of Permanent Impairment," published by the American Medical Association, or a subsequent edition of those guides, for determining the existence and degree of an employee's impairment.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1426, Sec. 12, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.114, eff. September 1, 2005.

Notes of Decisions

Cited in 35 cases, 1995–2019 · leading case: Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995).

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Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). · cites it 4× “Tex.Lab. Code § 408.124. We express no opinion as to whether the Act might violate due course of law as applied to a claimant suffering from a permanent physical ailment that is not rated under the Guides.”

Rodriguez v. Serv. Lloyds Ins. Co., 997 S.W.2d 248 (Tex. 1999). · cites it 2× “See TEX. LAB. CODE §§ 408.124. The doctor expresses the rating as a percentage of permanent impairment to the whole body.”

Fireman's Fund Ins. Co. v. Weeks, 259 S.W.3d 335 (Tex. App. 2008). · cites it 3× “See Tex. Lab. Code Ann. § 408.124 (c), as implemented pursuant to 28 Tex.”

Fulton v. Associated Indem. Corp., 46 S.W.3d 364 (Tex. App. 2001). “Section 408.124 provides that the American Medical Association's "Guides to the Evaluation of Permanent Impairment” shall be used to determine the existence and degree of an employee’s impairment.”

Am. Zurich Ins. Co. v. Samudio, 370 S.W.3d 363 (Tex. 2012). “Law 4865, 4869 (codified at Tex Lab.Code § 408.124(c)). . The Division issued Bulletin B-0033-77 providing that the advisories would no longer be used after we denied the Division's petition for review in Lumbermens.”

Pac. Employers Ins. Co. v. Brown, 86 S.W.3d 353 (Tex. App. 2002). “Tex. Lab. Code Ann. § 408.124 (Vernon Supp.”

Bell v. Zurich Am. Ins. Co., 311 S.W.3d 507 (Tex. App. 2010). “See Tex. Lab.Code Ann. § 408.124(a) (Vernon 2006) (“An award of an impairment income benefit, whether by the commissioner or a court must be based on an impairment rating determined using the impairment rating guidelines described by this section.”

Texas Builders Ins. Co. v. Molder, 311 S.W.3d 513 (Tex. App. 2009). “Foster was properly appointed as the second designated doctor and whether the IR certified by Dr. Foster is valid. To determine the impairment rating, the certifying doctor evaluates the permanent effect of the employee’s injury according to statutory guidelines.”

Ins. Co. of State of Pennsylvania v. Martinez, 18 S.W.3d 844 (Tex. App. 2000). “Tex. Lab. Code Ann. § 408.124 (Vernon 1996) states: (a) An award of an impairment income benefit, whether by the commission or a court, shall be made on an impairment rating determined using the impairment rating guidelines described in this section, (b) The commission shall use…”

Ins. Co. of State of the Pennsylvania v. Moore, 43 S.W.3d 77 (Tex. App. 2001). “See Tex.Lab.Code Ann. § 408.124 (Vernon 1996 & Supp.”

Am. Zurich Ins. Co. v. Samudio, 317 S.W.3d 336 (Tex. App. 2010). “123(a) (Vernon 2006). All impairment ratings must be assigned by doctors based on a review of medical records and a certifying physical examination performed explicitly to determine MMI and an impairment rating.”

State Off. of Risk Mgmt. v. Elaine E. Banks Joiner, 363 S.W.3d 242 (Tex. App. 2012). “Tex. Lab.Code Ann. § 408.124(b) (West 2006) (“the division shall use ‘Guides to the Evaluation of Permanent Impairment,’.”

Show all 35 citing cases →

— Tex. Lab. Code § 408.124(a) — 2 cases

Fireman's Fund Ins. Co. v. Weeks, 259 S.W.3d 335 (Tex. App. 2008). “See Tex. Lab. Code Ann. § 408.124 (c), as implemented pursuant to 28 Tex.”

— Tex. Lab. Code § 408.124(b) — 4 cases

Texas Workers' Comp. Comm'n v. Garcia, 893 S.W.2d 504 (Tex. 1995). “Tex.Lab. Code § 408.124. We express no opinion as to whether the Act might violate due course of law as applied to a claimant suffering from a permanent physical ailment that is not rated under the Guides.”

Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015).

— Tex. Lab. Code § 408.124(c) — 3 cases

Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015).

Rosendo Morales v. Texas Dep't of Ins.-Div. of Workers' Comp., & Comm'r Ryan Brannan, in His Off. Capacity (Tex. App. 2015).

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