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IRE in Pennsylvania - Printable Version

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IRE in Pennsylvania - Seven - 04-05-2018

I'm looking for any information on what's going to happen now that the Protz case threw out IRE . I'm wondering if I'm going to be able to reopen my claim my 500 weeks ran out about a year ago and I was under the 50 percent needed . My medical part of the claim is still open so were do I stand . Is this just going to help people now our will it go back to past IRE

RE: IRE in Pennsylvania - 1171 - 04-06-2018

Further Litigation to determine which cases are affected is ongoing and has not yet been resolved by the courts.
Contact your atty to get an update on your situation.

RE: IRE in Pennsylvania - Seven - 04-06-2018

I did have a hearing 2 months ago trying to reinstate my WC but even T the hearing my lawyer told me we were not going to win this round the judge was a new one and my lawyer said he thinks this is the first one of these he was hearing so he will want to move it on until he sees how other judges are ruling . My lawyer was wright we lost that but now we have an apeal in . I just did not know how far any case has gotten sofar

RE: IRE in Pennsylvania - 1171 - 04-06-2018

they don't publish until decisions are handed down in writing.
there have been a few at the local/first level that allowed retroactive application and all have been appealed. no carrier/employer will restart payments until the supreme court has upheld or is unwilling to review a lower court determination.
watch the supreme court decisions for one that applies to your case.

RE: IRE in Pennsylvania - Seven - 04-07-2018

1171 thanks for the help ill keep a watch for any new court opinion

RE: IRE in Pennsylvania - 1171 - 04-07-2018

In the end, you can only be sure you've won when you get your check.

RE: IRE in Pennsylvania - 1171 - 06-15-2018

I don't know if you are still tracking developments on the retroactivity of the Protz decision but Whitfield v WCAB
came out this month and seems to give some hope to those that have filed a petition to overturn their IRE even if they didn't raise the issue at the time of the original decision.

RE: IRE in Pennsylvania - Seven - 08-22-2018

I did see that case . I'm still waiting to hear about my appeal its been over 4 months now . My lawyer thinks I have a good chances we filed a petion less then 1 year after my last payment I'm still unable to work my condition has even gotten worse . If we do win the appeal can the insurance comp take it to a higher court our would they have to start my payments again even if they take it to the next step ?

RE: IRE in Pennsylvania - 1171 - 08-23-2018

i don't know; it may depend on what level the appeal is made.

RE: IRE in Pennsylvania - Seven - 08-24-2018

I'm from Pennsylvania . I know the next level above the appeal board is the PA Circuit court then the Pa Supreme Court . I'm just wondering if I do win the appeal and the insurance company takes it to the next level do they have to start my payments up our can they wait until they get a ruling from a higher court?