Court remanded Case to the Workers’ Compensation Appeals Board

Personal Injury Blog

PA Intermediate Court Holds Workers’ Compensation Statute Illegal

On Friday, the Commonwealth Court of Pennsylvania released its opinion in the case of Protz v. Workers’ Compensation Appeals Board (Derry Area School District). In this case, the court held that the section of the Pennsylvania Workers’ Compensation Act involving the definition of “impairment” as it pertains to the partial or total disability of an injured worker violates the Pennsylvania Constitution. In short, the court found that the General Assembly’s delegation of authority to the American Medical Association’s definition of impairment went awry of the state constitution’s exclusive delegation of legislative power in the General Assembly. Accordingly, the court remanded the case to the Workers’ Compensation Appeals Board for another hearing.

A few things are still unclear after the court’s ruling. First, will the case be appealed to the Supreme Court of Pennsylvania? Second, assuming it is affirmed upon appeal, what happens to the multitude of pending cases which were interpreted under the current statute? The answers to these questions will continue to evolve as this case (and others) work their ways through the legal system.

Experienced Lancaster Workers’ Compensation Attorneys

If you or a family member has been injured in a work-related accident, you may be able to recover financial compensation for a partial or total disability through the workers’ compensation system. However, receiving the maximum amount of compensation for your work accident injuries is not a given; it is invaluable to have an experienced Lancaster, PA workers’ compensation lawyer on your side.

Contact the Pennsylvania workers’ compensation law firm of Handler, Henning & Rosenberg today to speak with an attorney about your case. Get your free consultation to make an informed decision before moving forward.

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