The Pennsylvania Supreme Court has agreed to hear arguments over the validity of impairment rating evaluations in workers’ compensation cases that do not consider additional injuries not yet formally added to the injury description at the time of the IRE.

The justices on Feb. 3 granted allocatur in Duffey v. Workers’ Compensation Appeal Board (Trola-Dyne) to determine whether an IRE should have been invalidated by a claimant’s mental injuries that were later added to his notice of compensation payable, or NCP. The Workers’ Compensation Appeal Board modified Michael C. Duffey’s disability status from total to partial based on the IRE at issue.

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