James J. Turocy, Esq., Vaughan Baio & Partners
In Pennsylvania, the Workers’ Compensation Impairment Rating Evaluation landscape is fraught with uncertainty. This fact is due primarily to the 2017 Pennsylvania Supreme Court decision in Protz v. Workers Compensation Appeal Board (Derry Area School Dist.),1611 A.3d 827 (Pa. 2017), which found a significant section of the Workers’ Compensation Act to be unconstitutional, and the subsequent passage of Act 111 by the Pennsylvania General Assembly, which restored a valuable remedy to employers and insurers.
Here are three things Pennsylvania employers should consider in light of these developments:
- Litigation dealing with issues arising out of Protz and Act 111 currently is gaining momentum as counsel for injured workers argue that the legislative change regarding Impairment Rating Evaluations failed to cure the prior constitutional defect.
- While this is more of a front line issue for insurers, it affects employers across all industries regardless of size.
- Employers and Insurers not only need to learn to navigate the procedural hurdles under the new version of the law, but they must also be prepared for the impact and challenges of litigating pre Act 111 Impairment Rating Evaluations in the wake of Protz and its progeny.