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  1. #1
    Join Date
    Dec 2017
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    1

    Question Reopening a Worker's Comp Case Over an Invalid IRE

    My question involves workers compensation law for the state of: Pennsylvania I was on WC for 13 years I had an IRE done 10 1/2 years ago it came back under 50 percent so I was caped at 500 weeks my 500 weeks ran out about a year ago . Now with the Protz case ruling saying IRE is unconstitutional what will this do for past IRE . If there unconstitutional now shouldn't past ones be thrown out to . I don't understand why it should only be for new cases if the law is bad now wasn't it bad then . Can someone please give me some information on this PLEASE .

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Worker

    Protz v. WCAB, 161 A.3d 827 (2017).

    You can try to reopen your case based upon the presumed invalidity of your IRE result, but you also have to consider what your treating doctors are saying. If your treating physicians agree with the < 50% figure, then it's not unreasonable to anticipate that another IRE will produce a similar figure even if the AMA guidelines are no longer applied. If they believe that your correct figure is significantly higher, then you may have more to work with.

    It would make sense to consult a workers' compensation lawyer with the details.

  3. #3
    Join Date
    Sep 2011
    Posts
    466

    Default Re: Reopening a Worker's Comp Case Over an Invalid IRE

    the courts have to decide if an interpretation of the law is to be applied retroactively. The pennsyvania courts have not done this as yet in this case. there may have been incremental changes in the law over the past few years that have lead to this decision. those changes may not have happened at a time when your decision was made.
    there are numerous texts discussing when case decision might have prospective application or retrospective application.
    for example
    http://opencommons.uconn.edu/law_papers/287/
    i'm sure you can find many other legal references that can help educate yourself to complexity of such an issue. also visit a local law library for more research on the issue.

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