Norman Engel v. Texas Department of Insurance, Division of Workers' Compensation, et al.
AdministrativeLaw DueProcess
Does the 90-Day limit on challenging medical stability determinations violate the Fourteenth Amendment's guarantees of substantive due process, equal protection, and property rights?
Injured workers in Texas have One Year after their date of injury to make a claim for workers ’ compensation benefits and a Two Year limit to reach medical stability. A secondary law in Texas provides for a 90-Day limit to challenge a medical stability determination at any time after the date of injury and stop entitlement to additional lost time disability benefits allowed for two years. Engel in this case presents one two part question for review. Does the 90-Day limit, on its face and as applied to Engel, take away the Fourteenth Amendment ’s guarantee of substantive due process, equal protection, and property rights when enforced (a) prior to the One Year to claim benefits and (b) prior to the Two Years allowed to reach medical stability?