Employer Can't Use Pre-Act 111 IRE to Keep Worker at Partially Disabled Status

The Commonwealth Court of Pennsylvania ruled that an impairment rating evaluation performed before the effective date of Act 111 cannot be used to keep a worker’s status as partially disabled. Case: Rose v. WCAB (Espada), No. 661 C.D. 2019, 08/17/2020, published. Facts and procedural history: Jose Espada worked for the Rose Corp. He suffered an injury while at work in September 2016. Rose accepted liability for the injury and began paying total disability benefits of $360 per week. Between July 9, 2007, and Nov. 13, 2012, Espada’s benefits were suspended. By May 2013, he ha...