Another victory in the battle over workers’ compensation impairment ratings

Since 2012, our firm has been leading the challenge to the unconstitutionality of the current impairment rating evaluation (IRE) process in Pennsylvania. We have filed numerous briefs explaining in detail why the Commonwealth of Pennsylvania, Bureau of Labor & Industry’s adoption the guidelines used in the 5th and 6th editions of the AMA Guides violated the Pennsylvania Constitution. In every case in which we addressed the issue – whether it was for one of our firm’s injured workers/clients or on behalf of another law firm that hired us to assist them in their challenges — resolved or resulted in a ruling in favor of the client. That is, the IRE was invalidated or the employer resolved the matter.

Today, I learned that a law firm that hired us to prepare a brief challenging the use of the 5th edition of the AMA Guides was successful. In this case, an IRE was completed in 2006 and a carrier modified claimant’s status, limiting her to 500 weeks of benefits. In 2015, the claimant filed a Petition to set aside the modification, and the Workers’ Compensation Judge agreed, holding that the use of the 5th Edition was invalid. Thus, claimant will continue to receive her wage loss benefits indefinitely.

This is just one example of how we assist our clients – and other law firms – win the tough case. We frequently draft pleadings, motions, briefs, memoranda and appeals for other attorneys on an “as-needed” basis, providing “pinch-hitting” when issues are complex, creative insight is called for, and/or tight deadlines are approaching. We have worked with dozens of law firms, handling a wide variety of legal issues. And of course, we provide the same focus for our injured clients.