Our Pennsylvania Workers’ Compensation Group attorneys have been closely following the Protz v WCAB (Derry Area School District) ruling and how it will affect employers, insurance carriers and third party administrators. The Pennsylvania Supreme Court's long awaited decision in the Protz case came in June 2017. The Court invalidated the entire IRE provision of the Act, Section 306 (a.2), as unconstitutional. The Court determined that the IRE process, as drafted, constitutes a delegation of legislative authority to a private entity (the American Medical Association) without sufficient guidance or restraint on the authority delegated and therefore violated the Pennsylvania Constitution. Because the unconstitutional language concerning the "most recent edition" of the AMA Guides could not be severed without rendering the remainder of Section 306(a.2) incomprehensible, the Court ruled that the entire Section has to be stricken from the Act.
Please see our webinar, power point and other alerts regarding this important case.
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Please click here for our Protz PowerPoint and here for our Protz webinar.
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