Pa. Supreme Court to Address IRE Issues

The Pennsylvania Supreme Court on February 3, 2016 agreed to decide an important issue concerning Impairment Rating Evaluations under the Pennsylvania Workers’ Compensation Act. In Duffey v. WCAB (Trola-Dyne, Inc.), the Court will decide whether the Commonwealth Court erred by  concluding that an Impairment Rating Evaluation (IRE), which is designed to rate the percentage of disability two years after a work injury, was valid where the IRE only considered the injuries listed on the Notice of Compensation Payable issued at the time of injury, and did not consider additional injuries that subsequently arose and were known at the time of the IRE but not yet formally added to the description of injury. This is an important issue, and one that we have been focusing on with our clients.