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The impairment rating procedure remains a powerful remedy for the employer and insurer to attempt to limit future indemnity wage loss benefit exposure. On October 24, 2018, Act 111.
The Commonwealth Court has held that an IRE based only upon all “accepted” work-related diagnoses is nonetheless subject to being found invalid. In this case, the IRE physician relied.
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The personal injury legal system is dependent upon medicine. People obviously require care and treatment for injuries; the dependence runs deeper however. When determining damages, the law needs a methodology for predicting future medical costs, for assessing overall function loss, and in general calculating appropriate damages. Despite the law s need for this, lawyers are not postured to deliver with any sense of objectivity. Thus, the legal system turns to other professions to deliver opinions upon which the legal system may rely.
Opinions are diverse. Anyone s opinion on a topic may be influenced by education, experience, culture, and more. An old expression reminds “beauty is in the eye of the beholder,” with beauty an opinion. There is a subjectivity to the human experience, and we may each hold opinions that are based wholly upon fact, wholly upon emotion, or that are somewhere on the spectrum between.