PJC General Negligence 2022

W ORKERS ’ C OMPENSATION —B URDEN OF P ROOF

PJC 15.3

PJC 15.3

Weight to Be Given Opinion of Designated Doctor (Comment)

A designated doctor is one who has been appointed by mutual agreement of the par ties or by the Division of Workers’ Compensation of the Texas Department of Insur ance (DWC, formerly TWCC) to recommend a resolution of a dispute about the medical condition of an injured employee. Tex. Lab. Code § 401.011(15). The Texas Workers’ Compensation Act provides that the report of the designated doctor has presumptive weight unless the preponderance of the other medical evidence is to the contrary. Tex. Lab. Code § 408.1225(c). However, the supreme court has writ ten that the opinion of the designated doctor on judicial review is accorded no special weight. Texas Workers’ Compensation Commission v. Garcia , 893 S.W.2d 504, 515 (Tex. 1995); see also Financial Insurance Co. v. Ragsdale , 166 S.W.3d 922, 928 (Tex. App.—El Paso 2005, no pet.). Accordingly, the Committee recommends that no instruction be given to the jury regarding the weight to be given the opinion of a desig nated doctor.

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