Pennsylvania Department of Labor and Industry Issues a Statement Regarding Impairment Rating Evaluations and the Protz Decision
On June 21, 2017, the Pennsylvania Department of Labor and Industry issued the following statement in the wake of the Supreme Court decision in Protz v. WCAB:
On June 20, 2017, the Pennsylvania Supreme Court issued its decision in Protz v. WCAB (Derry Area School District), Nos 6 WAP 2016, 7 WAP 2017, holding that Section 306(a.2) of the Workers’ Compensation Act (77 P.S. § 511.2) is an unconstitutional delegation of legislative authority. The Court’s opinion makes clear that the entirety of Section 306(a.2) is unconstitutional. Therefore, effective immediately, the Bureau of Workers’ Compensation will no longer designate physicians to perform Impairment Rating Evaluations.
Based on the statement issued by the Department of Labor and Industry it appears that the IRE process is officially dead, for now.
If your benefits have been modified as a result of an Impairment Rating Evaluation, you should speak to an experienced workers compensation attorney to determine your options.