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 We look forward to hearing from you.

A Claimant’s Status Following an Impairment Rating Evaluation Is Based on the Date the IRE is Requested

Under Section 302(a.2)(1) of the Workers' Compensation Act, 77 P.S. § 511.2(1), the timeliness of a request for an Impairment Rating Evaluation is determined by the date on which the employer requests the evaluation, not the date the claimant attends the IRE. So ruled the Commonwealth Court in The Village at Palmerton Assisted Living v. Workers' Compensation Appeal Board (Kilgallon). Timeliness is determined based solely upon the date upon which the employer files an LIBC-766 (Request for Designation of a Physician to Perform an IRE), not the date on which the Bureau designates the IRE physician.

July 2015 Edition
Volume IX
Number 6

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IREs Need Only Address the Injuries Deemed Compensable at the Time of the Examination

In Duffey v. Workers' Compensation Appeal Board (Trola-Dyne, Inc.), the Commonwealth Court explained that an Impairment Rating Evaluation that addresses injuries that were identified as compensable at the time the IRE was performed is valid even if it is later determined that the claimant sustained additional work injuries.

Commonwealth Court Clarifies Reinstatement Deadlines for Claimants with Multiple Injuries

A claimant who suffers two totally disabling injuries, either of which would have entitled him to total disability benefits, cannot receive benefits for both at the same time. Instead, pursuant to Kane v. Workers' Compensation Appeal Board (Glenshaw Glass), a claimant must "choose one injury" and receive compensation for that totally disabling injury in lieu of receiving compensation for the other totally disabling injury at that time. Should circumstances change, however, such that a loss in earning power from that injury for which the claimant is receiving benefits resolves or lessens, claimant may seek reinstatement under Section 413(a) of the Act, 77 P.S. § 772, within three years after the date of the most recent payment of compensation received in lieu of compensation for the other injury, to which he otherwise would have been entitled.