If the Pennsylvania Supreme Court allows workers’ compensation claimants to change their injury notices after an impairment rating evaluation has been completed, a surge in litigation and an endless cycle of scrapped ratings would result, attorney William McCarthy told the justices Sept. 14.
Representing Trola-Dyne Inc. of York in oral arguments in Philadelphia, McCarthy argued that if claimant Michael C. Duffey could add depression and adjustment disorder to the list of physical injuries he suffered from a work-related injury, claimants in “every single case” would take the opportunity to do so after receiving an unfavorable impairment rating evaluation (IRE).
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