SECTION 130.8. Initiating Payment of Impairment Income Benefits

(a) Impairment income benefits accrue on the day after the injured employee reaches maximum medical improvement, regardless of whether the employee has suffered seven or more days of disability.

(b) When the date of maximum medical improvement is not disputed, the carrier shall initiate payment of impairment income benefits on or before the fifth day after:

(1) the date of receipt of the employee's treating doctor's medical evaluation report, as described in §130.1 of this title (relating to Reports of Medical Evaluation: Maximum Medical Improvement and Permanent Impairment); or

(2) the last day of the 104th week after the employee's accrual date, as defined in §124.7 of this title (relating to Initial Payment of Temporary Income Benefits).

(c) When the date of maximum medical improvement is disputed, the carrier shall initiate payment of impairment income benefits on or before the fifth day after:

(1) the date of entry of an interlocutory order to begin payment of impairment income benefits;

(2) the date of execution of an agreement on a dispute over date of maximum medical improvement; or

(3) the date of receipt of a commission-approved settlement of a dispute over date of maximum medical improvement.

Source Note: The provisions of this §130.8 adopted to be effective February 11, 1992, 17 TexReg 689.