Articles Tagged with Workers’ Compensation Act

Published on:

The winter season has arrived in Pennsylvania and the nasty weather that it brings.  Winter weather presents many hazards for workers including slippery roads/surfaces, strong winds and low temperatures.  The dangers are significantly more prevalent for those employees who work outdoors in the winter season.  However, you don’t need to work outside to suffer a winter related workplace injury.  Slip and falls can happen in numerous places including the parking lot or walkways coming into your building.

It may be tempting for workers to “work through it” or “gut it out” but lengthy exposure to wet, cold, and windy conditions, can be hazardous, even if the temperatures aren’t below freezing.

150204-F-ZB121-001According to the U.S. Department of Labor there were 42,480 work injuries involving ice, sleet, or snow in the United States in 2014.  Pennsylvania was the 2nd highest state in terms of those injuries with 2,390 (behind only New York).

Published on:

117048243_7cc6bb0b87

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.

Continue reading →