by Karl Voigt
At 11:00 AM today, the Pennsylvania Supreme Court published its long-awaited opinion regarding the constitutionality of Pennsylvania worker’s compensation Impairment Rating Evaluations (IREs). In the vast majority of cases, these examinations serve to limit worker’s compensation wage loss benefits to 604 weeks, potentially leaving disabled workers with no source of income.
In short, the Commonwealth’s highest court ruled that the entirety of section 306(a.2) of the Pennsylvania Workers’ Compensation Act, which created IREs in the first place , contains so many unconstitutional provisions that it must be stricken in its entirety. The Court was entirely silent on whether or not this will effect cases retroactively.
More later. In the meantime, you can download the text of the court’s opinion here.