Rodriguez v. Service Lloyds Insurance Co.

in which Justice ENOCH, Justice OWEN, Justice ABBOTT, and Justice GONZALES joined.

In this workers’ compensation case we consider: (1) whether Texas Workers’ Compensation Commission Rule 130.5(e), the “90-day Rule,” is subject to any exceptions; and (2) the proper standard of judicial review for an injured worker’s appeal of her impairment rating’s finality under Rule 130.5(e). Rule 130.5(e) provides, “The first impairment rating assigned to an employee is considered final if the rating is not disputed within 90 days after the rating is assigned.” 28 TEX. ADMIN. CODE § 130.5(e). Both the trial…