Heather Zambelli Presents on IRE Process Post-Protz and Act 111 at PBI's Workers' Compensation CLE Seminar on April 3
On April 3, 2019, Heather J. Zambelli presented, "What Now? IREs in the Wake of Protz and Act 111," at the Pennsylvania Bar Institute's (PBI) CLE Seminar "Tough Problems in Workers Compensation 2019" in Pittsburgh, PA.
The presentation provided an overview of the Impairment Rating Evaluation (IRE) process in Pennsylvania workers' compensation law following a 2017 decision in Protz v. WCAB (Derry Area School District) in which the Pennsylvania Supreme Court declared that Section 306(a.2) of the Workers’ Compensation Act constituted an unconstitutional delegation of legislative power to the American Medical Association (“AMA”) and struck the 21-year-old provision from the Act, thereby eliminating the IRE process from Pennsylvania workers’ compensation law. On October 24, 2018, Pennsylvania Governor Tom Wolf signed into law Act 111 (formerly known as House Bill 1840), which restored the IRE process so that Pennsylvania workers’ compensation insurers and employers may once again cap benefits for certain injured workers at 500 weeks of partial disability benefits. Act 111 became immediately effective on October 24, 2018.