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Albertson's, Inc. appealed a trial court's finding that notice regarding an injured former employee's impairment rating was insufficient. Eyna Lara, the injured employee, received a report from Dr. Hollander certifying maximum medical improvement (MMI) and a 5 percent impairment rating (IR), along with a Form TWCC-69 containing a handwritten 'not valid' notation, and Form EES-19. Lara did not dispute the rating within the 90-day period stipulated by Texas Workers' Compensation Commission Rule 130.5(e). The trial court concluded that the notice was insufficient to trigger the 90-day rule, thus preventing the rating from becoming final. The Court of Appeals affirmed this decision, agreeing that the misleading nature of the forms, particularly the 'not valid' notation, rendered the notice inadequate to inform Lara of her rights and obligations, and thus did not trigger the 90-day dispute period.
Albertson's, Inc. v. Lara, Eyna is a workers' compensation case decided in Texas Court of Appeals, 8th District (El Paso). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 8th District (El Paso).
Full Decision Text1 Pages
Albertson's, Inc. appealed a trial court's finding that notice regarding an injured former employee's impairment rating was insufficient. Eyna Lara, the injured employee, received a report from Dr. Hollander certifying maximum medical improvement (MMI) and a 5 percent impairment rating (IR), along with a Form TWCC-69 containing a handwritten 'not valid' notation, and Form EES-19. Lara did not dispute the rating within the 90-day period stipulated by Texas Workers' Compensation Commission Rule 130.5(e). The trial court concluded that the notice was insufficient to trigger the 90-day rule, thus preventing the rating from becoming final. The Court of Appeals affirmed this decision, agreeing that the misleading nature of the forms, particularly the 'not valid' notation, rendered the notice inadequate to inform Lara of her rights and obligations, and thus did not trigger the 90-day dispute period.
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