Major Changes Expected for New Jersey Workers’ Compensation Act  <  C&W Journal  >  Self Help: Legal Unilateral Benefit Modification

A Better Diehl: Controversial Diehl Decision Vacated

Nathan Hughes

Source: Diehl v. WCAB (IA Construction and Liberty Mutual Insurance), ___ A.2d ____ (Pa. Cmwlth. 2007)

Analysis

On the 12th birthday of Act 57, the Commonwealth Court breathed life back into the Impairment Rating Evaluation (IRE) process that the Act established. The Court vacated its April 28, 2008 Opinion and Order pending reargument, the application for which was granted.

The controversial April 28 decision essentially eviscerated the IRE, ruling that a labor market survey or actual job referrals were needed to modify benefits when the 60 day IRE window passes without completion of an IRE resulting in a whole body impairment rating of less than 50%.

What it Means For You

For now, the IRE process is alive. Nevertheless, we continue to recommend that IRE examinations take place within the 60 day IRE window instead of relying upon Gardner to modify benefits pursuant to an IRE conducted after expiration of the 60 day window. Contact a C&W workers’ compensation attorney to discuss the IRE option for your case.

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