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Supreme Court to Rule on Proper Retroactive Application of Protz Decision

Thursday, May 16, 2019 | 383 | 0 | 10 min read

The Pennsylvania Supreme Court will decide the proper retroactive application of its holding in Protz v. WCAB (Derry Area School District) that had invalidated the state's impairment rating process. In granting review to Dana Holding Corp. v. WCAB (Smuck), the court also agreed to weigh in on the question of whether an employer is entitled to a credit for the period between the date of a worker’s impairment rating evaluation and the date of its decision in Protz. David Smuck injured his back while working for the Dana Holding Corp. in April 2000. His employer accepted the inju...

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