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.

IRE Procedure is Unconstitutional

The Commonwealth Court, in Protz v. Workers’ Compensation Appeal Board (Derry Area School District), has ruled that the use of the 5th and 6th Editions of the AMA Guides to the Evaluation of Permanent Impairments to determine an injured worker’s level of impairment under the Workers’ Compensation Act is an unconstitutional delegation of legislative authority. Consequently, Impairment Rating Evaluations performed under Section 306(a.2) of the Workers’ Compensation Act, 77 P.S. 511.2, must utilize the 4th Edition of the AMA Guides, i.e., the latest edition approved by the General Assembly. We will keep our clients updated on this important development.

October 2015 Edition
Volume IX
Number 9

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Employers May Specify in a Contract Where an Employee is Based for Purposes of Workers’ Compensation Claims

A worker’s employment is not principally localized in Pennsylvania under Section 305.2(d)(5) of the Workers’ Compensation Act, when, although domiciled in Pennsylvania, (1) he signed an agreement that his employment was subject to the workers’ compensation law of Alabama, (2) the work injury occurred in New Jersey, and (3) he did not spend a substantial part of his working time in Pennsylvania. That is the ruling of the Commonwealth Court in Watt v. Workers’ Compensation Appeal Board (Boyd Brothers Transportation).