• The Supreme Court Invalidates Impairment Rating: IRE Physician Failed to Address Claimant’s Psychological Conditions that were Not Made Part of the Work Injury until after IRE was Performed
  • March 2, 2017 | Author: Francis X. Wickersham
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - King Of Prussia Office
  • The Supreme Court of Pennsylvania has weighed in again on Pennsylvania’s Impairment Rating system. In this case, at the expiration of 104 weeks, the employer requested an impairment rating of the claimant, describing the claimant’s underlying compensable injury as “bilateral hands - nerve and joint pain.” The claimant injured his hands while picking up electrified wires while repairing a machine. The impairment rating physician gave the claimant a six percent whole-body impairment. The employer then issued a notice to the claimant adjusting his disability status from total to partial. The claimant challenged the adjustment within 60 days by filing a Petition to Review. According to the claimant, the IRE was invalid because the IRE physician failed to rate the full range of work-related injuries, including an adjustment disorder with depressed mood and chronic post-traumatic stress disorder.