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Michael D. Sherman

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Commonwealth Court PROTZ decision impact upon prior Unappealed IRE Determinations
Past Unappealed IRE Determinations are not invalidated
by the Commonwealth Court decision in Protz. At this time, the issue of the constitutionality of the impairment rating evaluation (IRE) remedy of section 306(a.2) of the Workers’
Compensation Act remain...

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2017 Pennsylvania Workers' Compensation Maximum Rate
2017 Pennsylvania  Workers' Compensation Maximum Rate Announced The Department of Labor Industry announced, based upon the statewide average weekly wage, as determined by the Department of Labor & Industry, the maximum compensation rate payable under the Pe...

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Employers may seek reimbursement of Claimant Attorney Fees assessed for an Unreasonable Contest
Employers and Insurers may recover Claimant Attorney Fees assessed for an Unreasonable Contest, when reversing that award on appeal The Workers’ Compensation Act allows a Worker Compensation
Judge (WCJ) to award claimant attorney fees where there is an unre...

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Workers' Compensation Insurer Reimbursement of Trauma Care - When 100% does not equal 100%
Workers' Compensation Insurer Reimbursement of Trauma Care. The Pennsylvania
Workers' Compensation Act requires the payment of reasonable and necessary
medical expenses which are causally related to a compensable work injury.  In 1993, the Act was amended t...

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Assessing Liability for "Separate" Disability- beyond the "Loss of Use" Injury
Assessing Disability beyond the Loss of Use Injury. A work injury which results in a permanent bodily loss of use for all practical intents and purposes is compensated pursuant to the schedule of benefit durations enumerated at Section 306(c). If the work i...

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PA Supreme Court to review Constitutionality of IRE procedure
The Supreme Court of Pennsylvania has granted the Petition for Allowance of Appeal filed on behalf of Mary Ann  Protz AND the Petition for Allowance of Appeal filed on behalf Derry Area School District. The two orders entered March 22, 2016 define the issue...

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Challenges to IRE Determinations and the Waiver Argument
It seems that the year 2016 will be the year of the IRE - Impairment Rating Evaluation. ... and Challenges to the IRE! Although this employer  remedy  first appeared in the Pennsylvania workers' compensation world in 1996 via the Act 57 amendments, the cons...

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Employer Subrogation Recovery Available in Employee-Passenger Work-Related Accident
Employer Subrogation Remedy in Work-Related Motor Vehicle Accident The Pennsylvania Workers Compensation Act allows an Employer and its Insurer to assert a right of subrogation against an Employee civil action recovery. The Employer has this right to recove...
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