Pennsylvania: Court Disqualifies Impairment Rating Evaluation of Board-Certified MD on Statutory Grounds

Pennsylvania: Court Disqualifies Impairment Rating Evaluation of Board-Certified MD on Statutory Grounds

A Pennsylvania appellate court affirmed the denial of an employer’s petition to modify an injured employee’s benefits on the ground that the physician who performed the Impairment Rating Evaluation (IRE) on which the Modification Petition was based did not meet the requirement of Section 306(a.2) of the Workers' Compensation Act [77 P.S. § 511.2] that physicians performing IREs must be "active in clinical practice for at least twenty hours per week." The court observed that while the IME physician was licensed to practice medicine in Pennsylvania, was board-certified in occupational medicine, had special training on the AMA Guides that physicians must apply in performing IREs and had performed IREs under both the fifth edition AMA Guides and the current, sixth edition AMA Guides, the court noted as well that at the relevant time of the case, she did not treat or manage the care of any patients.  Rather, the doctor’s testimony established that her practice consisted solely of workers' compensation IMEs, workers' compensation IREs, physical examinations for pilots to determine whether they satisfied Federal Aviation Administration certification requirements, commercial driver's license examinations, utilization reviews and peer reviews.  The appellate court agreed that the physician’s “practice” did not meet the statutory requirement.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to

See Verizon Pennsylvania Inc. v. Workers' Comp. Appeal Bd. (Ketterer), 2014 Pa. Commw. LEXIS 162 (Mar. 12, 2014) [2014 Pa. Commw. LEXIS 162 (Mar. 12, 2014)]

See generally Larson’s Workers’ Compensation Law, § 94.02 [94.02]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

For more information about LexisNexis products and solutions connect with us through our corporate site



Price $99*; Books shipping now to customers! 


Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

  • A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, staff writer for Larson's Workers' Compensation Law
  • In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
  • Larson's Spotlight on interesting cases for 2013, written by national expert Thomas A. Robinson

View the brochure & table of contents.

View sample pages.


Order online or contact Christine Hyatt at  ph. 937-247-8166, or Email:


*Price does not include sales tax, shipping or handling. Price subject to change without notice.