Recent Changes to the Pennsylvania Workers’ Compensation Law by Attorney Bill Gregory of RG Injury Law

In this series, we will update you on the always evolving law and how it may impact your Workers’ Compensation rights.

The Post Protz Era: How Long Will My Benefits Last?

Now that Protz I and II are in the books, and Act 111 still allows the ridiculous notion of Impairment Rating Evaluations (IRE), the lawyers at RG Injury Law are taking an aggressive approach to maintain our clients’ wage loss benefits.

By way of background, the impairment rating evaluation process is the Workers’ Compensation Act’s procedure for limiting the duration of Claimant’s wage loss benefits from lifetime benefits to 500 weeks. Only those Claimants who reach a threshold level of impairment qualify for lifetime benefits. Protz is the Claimant who challenged the long-standing process of using the “latest” edition of the American Medical Association (AMA) Guidelines to reduce benefits. After several years of litigation and argument, the IRE language in the Workers’ Compensation Act was changed, but unfortunately, it still allows for the limiting of the benefit duration using a new, lower threshold.

Our initial reaction to the newly-constructed law, is that it presents the same Constitutional issues that the old law created. As such, and in conjunction with our statewide colleagues, our initial approach has been to let the workers’ compensation insurance company know that our clients will not attend an IRE without court order. This forced the insurance companies to file petitions to compel before a Workers’ Compensation judge, where we argued that our clients’ Constitutional rights have been violated by the new Act 111. As we expected, the judges have noted our objection, but have forced our clients to attend. To further delay, and in immediate response the judges’ order, we appealed to the Workers Compensation Appeal Board to present our legal arguments why the IRE process violates claimants’ Constitutional rights.

Just recently, we have received word from the Workers’ Compensation Appeal Board (WCAB) that a judge who orders claimants to attend an IRE has not violated claimants’ rights. Their reasoning, right or wrong, is that merely attending the IRE does change the duration of benefits. This was an expected ruling from the WCAB. The next step is to appeal to the Commonwealth Court for their interpretation. Interestingly, the WCAB did not address the Constitutional issues surrounding the new IRE process. We are of the belief that there will be an influx of IRE cases before the Commonwealth Court soon, and our Supreme Court very soon thereafter the Commonwealth Court’s decisions.

Our hope is that our Supreme Court will provide guidance for the legislators to draft an amendment to the Workers’ Compensation Act that more fairly determines the duration of an injured workers’ wage loss benefits.

In the meantime, always consult with your lawyer, and do not take the approach in this article without retaining counsel. Your benefits could be suspended if the situation is not correctly handled.

If you are worried about your PA Workers’ Compensation benefits, especially those impacted by the Protz decision, call for a free case review if you have questions about the full coverage of your wage loss benefits or payment of your future medical bills through Workers’ Compensation benefits. Contact Bill Gregory, recognized as one of the top injury and disability lawyers in Pennsylvania who knows how to help victims of workplace injuries, people with disabilities, veterans and their families after a work-related disability, injury, illness, or death has impacted your life. Call us for a no-pressure, Workers’ Compensation benefits consultation at 717.656.5000.

You may think you need a Workers Compensation attorney in Philadelphia to win your Workers’ Comp case. However, our winning record is the result of personalized attention and communication with clients, thorough knowledge of Workers’ Comp. law in Pennsylvania, former insurance insider’s experience. While we call Lancaster County, Pennsylvania, our home, personal injury law firm fight for clients with injuries and illnesses, and disabilities in need of personal injury lawyers, auto accident lawyers, Workers’ Compensation lawyers throughout the mid-Atlantic region from offices in Lancaster County that include service in Harrisburg, Hershey, Middletown, Annville, Mt. Gretna, Elizabethtown, Columbia PA,Lancaster City, Neffsville, Hempfield Township, Manheim Borough, Manor Township, Manheim Township, Gap, Ephrata, Lititz, Leola, Mt. Joy, Marietta, Akron, Denver, Millersville, Willow Street, Strasburg, New Holland, Paradise, Refton, Quarryville, Reamstown, West Chester, Coatesville, Exton, King of Prussia, and Malvern. RG Injury Law also fights for people with disabilities in the counties of Lebanon, Philadelphia, Chester, York, Dauphin, Berks, and Montgomery.

If you are worried about your PA Workers’ Compensation claim or appeal, especially those impacted by the Protz decision, call for a free case review if you have questions about the full coverage of your wage loss benefits or payment of your future medical bills through Workers’ Compensation benefits. Contact Bill Gregory, recognized as one of the top injury and disability Workman’s Compensation lawyers in Pennsylvania who knows how to help victims of workplace injuries, people with disabilities and their families after a work-related disability, injury, illness, or death has impacted your life. Call us for a no-pressure, Workers’ Compensation benefits consultation at 717.656.5000.

You may think you need a Workers Compensation attorney in Philadelphia to win your Workers’ Comp case. However, our winning record is the result of personalized attention and communication with clients, thorough knowledge of Workers’ Compensation law in Pennsylvania, former insurance insider’s experience. While we call Lancaster County, Pennsylvania, our home, personal injury law firm fight for clients with injuries and disabilities in need of personal injury lawyers and Workers’ Compensation lawyers throughout the mid-Atlantic region from offices in Lancaster County that include service in Harrisburg, Hershey, Middletown, Annville, Mt. Gretna, Elizabethtown, Columbia PA, Lancaster City, Neffsville, Hempfield Township, Manheim Borough, Manor Township, Manheim Township, Gap, Ephrata, Lancaster City, Lititz, Leola, Mt. Joy, Marietta, Akron, Denver, Millersville, Willow Street, Strasburg, New Holland, Paradise, Refton, Quarryville, Reamstown, West Chester, Coatesville, Exton, King of Prussia, and Malvern. RG Injury Law also fights for people with disabilities in the counties of Lebanon, Philadelphia, Chester, York, Dauphin, Berks, and Montgomery.