IRE: “Active Clinical Practice”

March 20, 2014

Verizon Pennsylvania Inc. v. WCAB (Ketterer), __ A.3d __ (Pa. Cmwlth., No. 1188 C.D. 2013, filed March 12, 2014)


In this case, the Commonwealth Court affirmed the denial of a Modification Petition, based on an IRE, because of the failure of the IRE physician to maintain an active clinical practice, for at least 20 hours per week, as required by Section 306(a.2) of the Act.


In Ketterer, the IRE physician did not treat or manage any patients.  Her practice consisted solely of IMEs, IREs, physical examinations for pilots, commercial driver’s license exams, utilization reviews, and peer reviews, as confirmed by her own testimony.


The Court found that a practice consisting solely of  IMEs, IREs, physical examinations for certification and qualification requirements, utilization reviews, and peer reviews, does not constitute an active clinical practice. Accordingly, the Court found that the IRE was properly rendered invalid and affirmed the denial of the Modification Petition.


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