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Court Says Worker Can't Use Psychologist's Opinion to Rebut Employer's IRE Evidence

By Sherri Okamoto (Legal Reporter)

Friday, October 31, 2014 | 0

A unanimous Pennsylvania Commonwealth Court panel on Thursday ruled that an injured worker cannot use the testimony of a mental health care provider who does not meet the certification and training requirements established by the state Department of Labor and Industry for performing impairment rating evaluations to rebut competent IRE evidence submitted by his employer. The court said that the Workers' Compensation Appeal Board erred in relying on the testimony of a clinical psychologist as to Dallas Slessler's level of impairment from his post-traumatic stress disorder after an on-th...

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