Case Law Update | Logue v. WCAB (Pa. Cmwlth. August 11, 2015) | PA Work Injury

August 11, 2015

Wrist injury (worked for Dep’t of Transp.) in 2002 and TTD since then.  In Nov. 2012, Employer sought IRE and asked Bureau to designate.  Bureau designated Youtong Zhang. Claimant refused to go and objected on basis that Employer must try to reach agreement with claimant on IRE doctor before seeking Bureau designation.  WCJ denied (granting Employer’s examination petition) and WCAB affirmed.


CC: Affirm.  Section 306(a.2)(1) states that IRE doctor may be “chosen by agreement of the parties, or as designated by the department . . . .”  This merely lists two alternative methods and, without language stating otherwise in provision, cannot be read to mean that party agreement effort must precede request for Bureau designation.  This is not the same as Lewis (CC 2004), which disallowed unilateral selection of IRE doctor by employer.

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