Our Pennsylvania Workers' Compensation Group attorneys are committed to providing you with continuous updates on the fallout from the Pennsylvania Supreme Court's decision in Protz v WCAB (Derry Area School District). Below, we have prepared a series of recommendations to guide your strategic thinking involving several fact patterns, and to suggest strategic solutions. In each case, we advise that you discuss specific strategies and solutions with your attorney before taking any action, as the below cannot be relied upon as legal advice in any specific situation. For more background information on the Protz case, please click here. This site will be updated as more information becomes available.
Cases with Pending IREs (pre-request, post-request, or just completed IRE without further steps taken)
Cases in Which TPD Benefits are Being Paid Pursuant to an Unchallenged Notice of Change of Disability Status
Cases Currently in Litigation at Various Stages:
Comment: If benefits are being reinstated to TTD we should utilize a Supplemental Agreement or Stipulation confirming that you are not waiving your rights should the Legislature enact new and retroactive statutory language replacing Section 306(a.2). If the employee will not sign either document, the petition should be withdrawn in court, on the record, with this argument established by counsel.
Cases in Which IRE Litigation Has Concluded Without Pending Appeal:
Employee Has Already Received 500 Weeks of TPD
Case Has Settled With a Compromise and Release
For more information, please contact David G. Greene at firstname.lastname@example.org or 215.972.7910.
Jennifer R. Williams