A divided Pennsylvania Supreme Court has ruled that physicians conducting impairment rating evaluations must factor into their assessments any asserted psychological conditions, such as depression and post-traumatic stress disorder, and determine whether they stem from the claimant’s physical injury.
In a 5-2 ruling in Duffey v. Workers’ Compensation Appeal Board (Trola-Dyne), the court said an oft-overlooked aspect of Section 306(a.2) of the Workers’ Compensation Act is its mandate that physician-evaluators “‘determine the degree of impairment due to the compensable injury.’”
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