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IRE IN PENNSYLVANIA
#1
I was hurt at work in 2000 and have not been able to work since s. I had an IRE done in 2007 that came back at 27 percent which means my worker comp payments were caped at 500 weeks . I was in shock when I saw it was only 27 percent but my attorney told me you have to be near brain dead for them to come back over 50 percent he told me in over 20 years he had only had 3 people come back with over a 50 percent IRE . As of about a year ago my 500 weeks were over so my comp payments stopped and there w nothing I could do about it so I have been livening and trying to support a family on SSD which is not much . Now my attorney told me the law has changed and the IRE system was found to be unconstitutional and the insurance company would have to start paying me from when they stopped a year ago he told me they have no case . We had a hearing about it about a month ago my lawyer told me it was open and closed case but that's not how it went with the judge he had no idea what to do this was the first case he was seeing since s the Protz case was seen by the PA supreme court And found IRE to be unconstitutional so he held over my case . Now the more I read about the hole thing I'm not so sure if its an open and closed case like my attorney said . I'm wondering if any body else is going through the same thing as Iam and to see if they have anything that could help me out . I can't keep livening just onSSD I would give anything to be able to go back to work I loved my job and I was very good at it but the doctors told me there was no way I would be able to work again.
 
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#2
I doubt there will be any windfall for quite a while. I suspect there are thousands of IREs since the 1996 IRE provisions were enacted.  Pennsylvania work comp attys are like comp attys in other states and are networking with each other and the judges to make some sense out of what is likely to happen in the months to come. keep in touch with yours.
but decisions have to come down from the top courts while appeals work there way up from the bottom.
legal precedent takes a long time to set and even longer for  the carriers to start sending checks.
Even if the judge ruled in your favor there would likely be a least one or more appeals taking many many months.... that's why the judge wants to take his time and consider the issue from all sides.
they have to be careful they don't bankrupt too many as the premiums have already been paid and employers have closed the books on the old claims. lots of administrative and logistical decisions have to made. many hurdles to overcome:
DO all the cases  have to be re-litigated?
can the courts handle the workload?
how are the insurance companies going to afford paying on old claims?
doesn't the system need new legislation to fix the old law ?


one of the early things the court will need to do is decide whether the decision is to be applied retroactively to those claims like yours where the 500 weeks have expired. that has not been determined.

clients really like attorneys that are optimistic so most attys will take that line.  
reality is often much different and there can be a big emotional let down when it doesn't happen that way. Have you ever known much in the legal arena to happen quickly? it took Mary Protz 10 years to get her decision in June. I doubt that she has even gotten a check yet.
the most practical response is like you have done: seek out wider information and a more realistic understanding of the situation. Since it's only been a short time since the court decision I suggest you search various Pennsylvania work comp atty web sites. many post information on key issues of the day and some may have articles giving a more in depth view of the many complications that have to be worked out.
while your atty can be optimistic with his clients, it might be better for you to maintain a more realistic approach.

here's an example
http://www.chartwelllaw.com/articles/393...t_next.php
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
I saw that I think in the past 3 months I read everything anyone has posted about this case . What's funny about the hole thing is when I read something from a employers attorney s firm they say not to worry the Protzs case does not affect cases were the 500 weeks have run out . But when I read a post from employes from they say the opposite thing all of them say the Protzs case means the insurance company's have to start paying old claims again . I think I new when my lawyer told me I would be getting my comp payments again it was not going to be so easy the way he was saying it to me was I should be getting my payments again in a month our two because the insurance company's don't have a leg to stand on with this case . But like I said I have been dealing with compensation insurance company for almost 18 years and I have seen it all privet investigators watching me which I get a kick out of more IME then I can count and many settlement offers that we're all a joke they even ruined my credit ratting by not paying hospital bills for over a year so I was turned into a collection agency a few times and they don't care if the insurance company should pay they would tell me I would have to pay myself and then get the money from the Ins Comp sorry but I don't have 50000 laying around . I think they were doing that so I would settle my case with them . I think I got a little off story here so I guess it's going to be a wait and see and like you said the Protz case toke 10 years I hope this goes a little faster .
 
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#4
so you want information that is not internet available. i don't have any.
the fact that there is a difference of opinion as to what the case means should clue you in that the final answer a long way off.
keep looking.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
The information you gave me is probably the most honest that I have read our heard . And I will keep my fingers crossed that for ones the law sides for the employ and not the insurance company . Thanks for your help
 
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#6
If I hear anything more, I'll post it & and send you a message.
I wish there was one source for the information you want. California went thru a similar situation years ago it took 3+ years to work Thru the appeals, regulations and court cases.
I hope it turns out well for you.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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