Finally some Good News for PA Employers and Insurers!!!
The Governor signed the new Impairment Rating Evaluation (IRE) legislation last night, effectively reinstating the IRE process that was invalidated under the Protz cases.
Here are the highlights of the new bill:
1. It takes effect immediately, although we will have to wait for the Bureau to get the IRE assignment process up and running again.
2. The threshold has been reduced to 35%. The IRE must come back at less than 35% to allow employers to modify benefits. This will impact a small, but tangible, percentage of our cases.
3. The final version they passed allows employers to count past total disability weeks to reach the 104 week threshold. In any case where a Claimant has reached 104 weeks of total disability, you may immediately request an IRE.
4. Physicians must use the 6th Edition of the AMA Guidelines.
5. Much of the language of the Act has remained the same, meaning many of the prior rules will likely remain in effect.
We recommend reviewing all claims and preparing to file an IRE request in any case where the Claimant has received 104 weeks of total disability. This includes any cases where you have a prior IRE in place that has not been formally voided by a Judge. The one exception would be where the 500 weeks already ran and you are no longer paying benefits.
Please feel free to contact us to discuss any case with unusual circumstances.
The full text of the Bill can be found here:
https://legiscan.com/PA/text/HB1840/id/1822150/Pennsylvania-2017-HB1840-Amended.pdf
