NEWS/REPORTED CASES

Barbara Gardner v. WCAB (Genesis Health Ventures), 585 Pa. 366, 368 (Pa. 2005)

This Pennsylvania Supreme Court case makes the important clarification regarding the procedures for modifying a workers’ compensation claimant’s benefits based on an Impairment Rating Evaluation (“IRE”).

Previously, it was understood that an IRE must be requested within 60 days of a claimant’s receipt of 104 weeks of total disability benefits, and that, if requested outside of that 60-day window, the modification would not be permitted. The Supreme Court recognized the hardship this placed on employers, and established that employers may still require a claimant to submit to an IRE outside of the 60-day window, as well as request a modification based on such an IRE by filing a Petition to Modify Compensation Benefits.

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