(a) On application by either the employee or the insurance carrier, the commissioner by order may extend the 104-week period described by § 401.011(30)(B) if the employee has had spinal surgery, or has been approved for spinal surgery under § 408.026 and commissioner rules, within 12 weeks before the expiration of the 104-week period. If an order is issued under this section, the order shall extend the statutory period for maximum medical improvement to a date certain, based on medical evidence presented to the commissioner.
(b) Either the employee or the insurance carrier may dispute an application for extension made under this section. A dispute under this subsection is subject to Chapter 410.

(c) The commissioner shall adopt rules to implement this section, including rules establishing procedures for requesting and disputing an extension.