Expectations After Pa. High Court Workers' Comp Ruling

Law360, New York (July 5, 2017, 11:08 AM EDT) -- In a significant decision affecting employers, workers' compensation insurance carriers, and third-party administrators, on June 20, 2017, the Pennsylvania Supreme Court declared that Section 306(a.2) of the Workers' Compensation Act constitutes an unconstitutional delegation of legislative power to the American Medical Association (AMA) and struck the 21-year-old provision from the act. As a result of the Supreme Court's decision in Protz v. WCAB (Derry Area School District), the impairment rating evaluation (IRE) process has been eliminated from Pennsylvania workers' compensation law.

Section 306(a.2) of the Workers' Compensation Act, 77 P.S. § 511.2 ("the Act"), provided that an employer, after paying 104...

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