Workers’ Comp In-Cites
Welcome to the latest edition of Schaff & Young's Workers' Comp In-Cites. Designed to provide our clients with practical insight, Workers' Comp In-Cites outlines recent developments in Pennsylvania workers' compensation law and explains how those decisions impact our clients and their cases. Barbara Young, Michael Schaff and the other attorneys at Schaff & Young, P.C. are always available to discuss these cases – or any other questions or concerns you might have. Just give us a call at (215) 988-0090 or send an email to info@schaffyoung.com. We look forward to hearing from you.


The WCJ Has the Final Say on Medical Witness Credibility

In IA Construction Corp. and Liberty Mutual Insurance Co. v. WCAB (Rhodes), the Pennsylvania Supreme Court held that a physician's opinions pertaining to Impairment Rating Evaluations (IRE) conducted under Section 306(a.2)(6) of the Act are subject to vetting through the “traditional administrative process.” Thus, a Workers' Compensation Judge is free to accept or reject a party's evidence, including an employer’s underdeveloped, out-of-specialty opinion in an IRE about the degree of impairment associated with an injury. Although the Court did not implement a specialized approach to IREs, it added that “conceptual and other difficulties with the impairment rating scheme have become evident over time.”

 

June 2016 Edition
Volume X
Number 4
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