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.

 

Select an attorney

Pennsylvania Workers’ Compensation

If you get hurt on the job, you’re entitled to compensation for your injuries. Our attorneys will help you file your claim successfully.
Learn More

Social Security Disability

If you have a medical condition and can not work, you may be eligible for Social Security disability benefits. Contact us today for a FREE consultation.
Learn More

My Case Status for Existing Clients

All current clients have access to My Case Status. This website allows them access to check the status and progression of their case, update their information, securely send and receive medical and case-related documents, contact their legal team, and watch helpful videos.

Click here to access My Case Status.

Learn More