The Commonwealth Court ruled that a worker was entitled to reinstatement of total disability status following the Pennsylvania Supreme Court’s invalidation of the state's impairment rating process.
Case: Dana Holding Corp. v. WCAB (Smuck), No. 1869 C.D. 2017, 10/11/2018, published.
Facts and procedural history: David Smuck injured his back at work in April 2000. His employer accepted the injury as compensable.
In June 2014, Smuck underwent an impairment rating evaluation by Dr. Lucian P. Bednarz. The doctor assigned Smuck an 11% impairment rating by using the sixth editi...
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