As is well known in the practice of workers’ compensation, the Commonwealth Court has attempted to define the “traditional administrative process” as set forth in the Supreme Court’s 2005 decision Gardner v. W.C.A.B. (Genesis Health Ventures) . This was originally done in the case of Diehl v. W.C.A.B. (IA Construction and Liberty Mutual Insurance) , which was first decided about a year ago.
To provide background for those waiting for the smoke to clear before digesting the changes in the law, it was Gardner that held an employer who does not request an Impairment Rating Evaluation, or IRE, within 60 days of the expiration of 104 weeks of total disability does not receive the automatic change of compensation benefits from total to partial under Section 306(a.2) of the Workers’ Compensation Act. The Gardner court declared that the employer must seek a change in disability benefit status through the “traditional administrative process” as adjudicated through a modification petition.
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