Menu
Pearson Koutcher Law Header

Governor Tom Wolf signs new law impacting Impairment Rating Evaluations in Pennsylvania

On October 24, 2018, Pennsylvania Governor Tom Wolf signed Act 111 of 2018 into law. This law revives the previously determined unconstitutional Impairment Rating Evaluation (IRE) process for injured workers in Pennsylvania. The new law requires that impairment rating evaluations be performed under the 6th edition (second printing April 2009) AMA Guides to Evaluation of Permanent Impairment. The law also lowers the previous fifty percent (50%) threshold for the presumption of total disability to thirty-five percent (35%).

The law is effective immediately and the Department of Labor and Industry, Bureau of Workers’ Compensation (Bureau) has reactivated the IRE functionality in WCAIS (Workers Compensations Automation and Integration System) and has resumed the authorization and designation of IRE physicians, to allow for the performance of IREs pursuant to the requirements set forth in Act 111. To maintain consistency, it is anticipated that the process will track the preexisting procedural and regulatory framework, to the extent and in a manner consistent with the provisions of Act 111.
There still are a number of questions surrounding the impact of the new IRE process on existing cases where benefits were previously modified based upon a prior IRE and litigation on this issue is certain to continue.

Call Pearson Koutcher Law to Discuss Your Workers’ Compensation Claim

Let us put our decades of experience to work for you, helping you navigate the complexities of the Workers’ Compensation laws.

Pearson Koutcher Law
1650 Arch Street
Suite 2501
Philadelphia, PA 19103

(215) 627-0700

Bethlehem Office serving the Lehigh Valley
528 Maple Street,
Bethlehem, PA 18018

(484) 294-4090

Cherry Hill Office serving New Jersey
1811 Haddonfield Berlin Road
Cherry Hill, NJ 08003

(856) 675-7070

firm-over-3

Injured at Work?
Take Action Now.
No fee until you collect.
Call 215-627-0700.
Free Consultation