The Pennsylvania State Police are not the only ones tightening the definition of “impairment.” The Commonwealth Court also is attempting to walk a fine line when it comes to defining impairment. As a result, the ability of workers’ compensation defendants to limit the length of time wage loss benefits can be received by claimants just got more oppressive.

In Combine v. WCAB (National Fuel Gas Distribution Corp.), (Pa. Commw. Aug. 14, 2008) Flaherty, J. (11 pages) the Commonwealth Court held that a workers’ compensation claimant must first be at maximum medical improvement, or MMI, in order for his or her benefits to be modified from temporary total disability to partial temporary disability under the provisions of the Workers’ Compensation Act dealing with impairment rating evaluations, or IREs.

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