Court Lays Out Road Map for Workers to Reclaim Total Disability Status Post-Protz

The Pennsylvania Commonwealth Court ruled Wednesday that a Supreme Court decision that threw out use of the sixth edition of the American Medical Association's impairment guidelines applies retroactively, opening the door to claimants whose disability ratings were lowered through an independent medical exam to petition for reinstatement of benefits. David Kunz, an Ardmore attorney who represents employers, says the ruling will force companies and carriers to relitigate cases that they thought had put to bed. In short, the appellate court decided in its en banc decisio...