The Pennsylvania Supreme Court said its 2017 decision invalidating the state’s impairment rating evaluation process applies retroactively to a case that was on appeal at the time of the ruling.
Case: Dana Holding Corp. v. WCAB (Smuck), No. 44 MAP 2019, 06/16/2020, published.
Facts and procedural history: David Smuck worked for the Dana Holding Corp. He injured his back at work in 2000 and has been collecting total disability benefits since 2003.
In 2014, Smuck underwent an impairment rating evaluation by Dr. Lucian P. Bednarz. The doctor assigned Smuck an 11% impairment rati...
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