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Cipriani & Werner has over 75 attorneys in 7 cities with expertise in commercial litigation, civil litigation, workers’ compensation, and more.
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Cipriani & Werner has built expertise in commercial litigation, civil litigation, and workers’ compensation.
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Cipriani & Werner has offices throughout Pennsylvania, New Jersey, and West Virginia.
650 Washington Road Suite 700Pittsburgh, PA 15228Phone: (412) 563-25001011 Mumma Road Suite 201Lemoyne, PA 17043-1145Phone: (717) 975-9600450 Sentry Parkway Suite 200Blue Bell, PA 19422Phone: (610) 567-0700409 Lackawanna Ave Suite 402Scranton, PA 18503-2059Phone: (570) 347-0600155 Gaither Drive Suite BMt. Laurel, NJ 08054Phone: (856) 761-38001144 Market Street Suite 300Wheeling, WV 26003Phone: (304) 232-3600500 Virginia St. East Suite 750Charleston, WV 25301Phone: (304) 341-0500 -
C&W Journal
C&W Journal
Cipriani & Werner provides legal insight for business professionals.
May 2012 Edition
Positive IRE Does Not Preclude Termination
Source
Schachter v. WCAB (SPS Technologies), 910 A.2d 742 (Pa Cmwlth. 2006)
Analysis
In denying a termination petition for credibility reasons, the judge ordered the employer to pay counsel fees for unreasonable contest. The Board reversed, ruling that the employer’s evidence would have allowed the judge to grant the termination petition if it had been credited. The claimant appealed to the Commonwealth Court, arguing that an Impairment Rating Evaluation (IRE) determination of 6% impairment precluded a subsequent termination, thus making the employer’s contest unreasonable as a matter of law. The Commonwealth Court rejected the claimant’s argument because there was no evidence that the claimant's knee injury in question was clearly irreversible.
What it Means for You
A positive IRE determination does not rule out the possibility of a future termination. However, the IRE determination can still be considered and used against you in a subsequent termination proceeding. Contact a Cipriani & Werner attorney to discuss whether it makes sense to commission an IRE in your particular case.
Journal Edition
March 2007
