Workers’ Compensation - Impairment Rating Examinations - Supreme Court of Pennsylvania

Summary of Pennsylvania Decisions

Dowhower v. Workers’ Compensation Appeal Board (Capco Contracting, Inc.) No. 542 MAL 2003 (August 11, 2006)

Holding: Reversing its April 19, 2006 Order, the Supreme Court has granted claimant’s Petition for Allowance of Appeal and will, presumably, address the issue of whether an employer may request an Impairment Rating Examination (IRE) prior to the 104-week period set forth in Section 306(a.2)(1) of the Workers’ Compensation Act, 77 P.S. § 511.2(1). The Court had previously denied the Petition based upon its decision in Gardner v. Workers’ Compensation Appeal Board (Genesis Health Ventures), 888 A.2d 758 (Pa. 2005), with dissents by Justices Saylor and Newman.