Worker Fails to Prove 'Extraordinary Circumstances' for Retroactive Application of Protz

The Commonwealth Court of Pennsylvania ruled that an injured worker failed to prove the kind of “extraordinary circumstances” that could allow the reinstatement of his total disability benefits as of the date of his independent rating evaluation instead of just as of the date of his petition. Howard Dunetz worked for Dr. Charles H. Sacks, a dentist. He injured his back at work in May 2007 and began collecting total disability benefits. Sacks changed the status of Dunetz’s benefits from total to partial disability in December 2010 after an impairment rating evaluation...