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75+ Attorneys in 7 Offices
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
A Bad "DIEHL" For Untimely IRE's
Source
Diehl v. WCAB (IA Construction and Liberty Mutual Insurance), ___ A.2d. ___ (Pa. Cmwlth. 2007)
Analysis
In an unexpected and controversial decision, the Commonwealth Court has held that the filing of a Modification Petition, based upon evidence of an impairment rating of less than fifty percent is not the “traditional administrative process” contemplated by the Supreme Court in Gardner for modifying a claimant’s benefits based upon an untimely IRE. Instead, the Commonwealth Court held that an employer seeking to modify benefits to partial disability status must prove work availability either through a Labor Market Survey or through traditional job development as set forth by the Supreme Court in Kachinski.
What it Means for You
Although an appeal is anticipated, employers are no longer able to modify a claimant’s benefits to partial disability status per the IRE procedure if the IRE resulting in an impairment rating of less than fifty percent was untimely. Therefore, it is imperative that all files be diaried to ensure a timely request for an IRE, which should take place within the sixty (60) days after the claimant’s receipt of 104 weeks of temporary total disability benefits. Contact a C&W workers’ compensation attorney to discuss the impact of the Diehl decision on your case.
Journal Edition
May 2008
