Articles Tagged with Pennsylvania Law

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An independent medical examination (IME) is a medical evaluation performed on an injured worker by a doctor at the request of the employer/insurance company.  It is done to show that a work-related injury no longer exists, that it has decreased in severity, or that the injury isn’t actually work-related.

It is probable that at some point an injured worker receiving workers compensation benefits will be asked to undergo an IME.  Under Pennsylvania Workers Compensation Laws, if you are receiving benefits for a work-related injury your employer/insurer can request you to be examined by a doctor in an attempt to limit or eliminate those benefits.  The employer/insurer is entitled to have the injured worker undergo an IME every 6 months.

If you are requested to attend an IME it is mandatory that you do so.  If you do not attend, without reasonable cause or excuse, your benefits can be denied during the period of your refusal to attend and possibly forfeit your future benefits.2017-03-27-13-56-58-725x483

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In a recent decision the Pennsylvania Supreme Court found that the use of American Medical Association guidelines to determine whether an injured employee is partially or totally disabled violates the Pennsylvania Constitution. The decision ends a practice that had been in place since the Workers’ Compensation Act became law over 20 years ago.

Since becoming law in 1996, the Workers’ Compensation Act allowed employers to require an injured employee receiving workers’ compensation benefits to have an “Impairment-Rating Evaluation” (IRE) by a doctor. Doctors doing IREs were required to use AMA guidelines to determine the amount the employee is impaired. Impairment ratings were from 0% to 100%, with 0% being entirely unaffected by the injury and 100% being affected to the point of being unable to work.  If the employee was found to have an impairment rating of less than 50%, their employer could request to have the employee’s disability status changed from total to partial, reducing the duration of workers’ compensation benefits to no more than 500 weeks.

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