Re: Ire Found Unconstitutional in Pa
From what I see, probably not - your state has set a precedent on that issue.
I don't believe that application to old cases is necessarily going to be automatic,
Below is info from a decision back in 2015 on this same case - they ruled the AMA guides where unconstitutional
Monday, October 26, 2015
Recent Decision Muddles the IRE Process in Workers’ Comp Act
by Joseph C. Romano, Esq.
In a significant and surprising decision in Protz v. WCAB (Derry Area School District), No. 1024 C.D. 2014 (Pa.Cmwlth. 2015), the Commonwealth Court of Pennsylvania determined that the Impairment Rating Evaluation (IRE) process utilizing the Fifth and Sixth Editions of the AMA Guides to the Evaluation of Permanent Impairment is unconstitutional.
It is important to note that the Decision did not include any language applying the holding retroactively.
While we expect that claimant’s attorneys will attempt to argue retroactive application, Pennsylvania law has generally held that appellate decisions only apply to pending litigation at the time of the decision, including litigation at any stage of the appeal process, and future litigation.
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