Protz v. WCAB Ruling Muddles IRE Process

In a significant and surprising decision in Protz v. Workers' Compensation Appeal Board (Derry Area School District), No. 1024 C.D. 2014 (Pa.Cmwlth. 2015), the Commonwealth Court of Pennsylvania determined that the Impairment Rating Evaluation (IRE) process utilizing the fifth and sixth editions of the American Medical Association Guides to the Evaluation of Permanent Impairment is unconstitutional. The court ultimately determined that only the fourth edition of the AMA Guides may be used in determining a claimant’s degree of impairment under Section 306(a.2), 77 P.S. §...