Court Upholds New IRE Process in Claim With Injury Predating Law Change

The Commonwealth Court of Pennsylvania rejected a worker’s constitutional challenge to the application of a new law to his injury, which occurred five months before the legislation took effect. Case: Moakley v. Vogel Holding Inc., No. 19 C.D. 2022, 01/16/2024, unpublished. Facts: Stephen A. Moakley III worked for Vogel Holding Inc. He suffered injuries in May 2018 when he was struck by a car while working. Vogel accepted the injuries as compensable and paid temporary total disability benefits to Moakley. In July 2020, Vogel requested that Moakley undergo an impairment rating eva...