Certificate of Merit Rule Evolves  <  C&W Journal  >  Transitory Conditions and Lack of Notice

New LMS Rules Require Increased Disclosure

Nathan Hughes

Source: 34 Pa. Code §123.204 & 34 Pa. Code §123.205

Analysis

The amendments to the Code appear to respond to recent arguments by the claimant’s bar that a job cannot be deemed available if the claimant was not made aware of the position. While that argument remains dubious, the new regulations require vocational experts to issue a written disclosure to claimants detailing their role and relationship, share their initial report following a vocational interview with claimants, and provide claimants with the labor market survey (LMS)/earning power assessment at the same time they are provided to defense counsel/employer/carrier. Carriers/TPAs are now required to disclose any financial interest that entity has in the entity conducting the labor market survey/earning power assessment.

What it Means For You

You need to pay attention to the vocational experts' work. Pennsylvania is clearly concerned that claimants are allegedly being ambushed by stale reports of work availability that are difficult to verify. There are often better alternatives to labor market surveys. Contact a C&W workers’ compensation specialist to discuss options for mitigating your indemnity exposure.

About C&W

Cipriani & Werner is a professional corporation providing civil litigation and workman's compensation legal services to clients throughout Pennsylvania and New Jersey. If you have questions, feel free to contact Nathan Hughes at (412) 563-2500.

You can also read more about the article's related practice groups:
Workers' Compensation