Significant changes to the Pennsylvania Workers’ Compensation Act occurred with the passage of Act 57 in 1996, creating the impairment rating evaluation, or IRE, which an employer may utilize to convert the status of a claimant’s benefits from total to partial disability should the IRE result in a “whole body impairment” of less than 50 percent, according to the most recent edition of the American Medical Association Guides to the Evaluation of Permanent Impairment. This statutory provision mandates that, unless otherwise agreed to, an employee will be required to submit to a medical exam to determine the percentage of impairment, if any, at the expiration of the employee’s receipt of 104 weeks of total disability compensation.

In situations where the employee’s status has changed to partial as a result of an impairment rating of less than 50 percent, a claimant is limited to 500 weeks of partial disability benefits, although the amount of compensation does not change. This provision enables employers to limit their exposure under the act.

Justices Agree to Hear IRE Case

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