Case Law Update | Protz v. WCAB (Pa. Cmwlth. April 15, 2015) | PA Work Injury

October 5, 2015

77 PS 511.2/306(a.2) (claimant is partially disabled if has total impairment rating of less than 50%) found to be unconstitutional delegation of legislative authority to AMA because General Assembly has not engaged in any review of Guidelines subsequent to the 4th Edition, which was from 1996.  Case remanded for application of the 4th edition rather than more current editions.

 

En banc by Pellegrini with dissents by Simpson and Covey, joined by Leadbetter.  Case arises out of PBGH and Insurance Federation of Pa is amicus.

  

http://www.pacourts.us/assets/opinions/Commonwealth/out/1024CD14_9-18-15.pdf?cb=1

 

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