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Impairment Rating Evaluations (IRE)

ALERT!!! On October 24, 2018 Governor Wolf signed into law a new Impairment Rating Evaluation (IRE) process which was previously found to be unconstitutional.

If your injury was on or after June 24, 1996 you may be requested to attend an Impairment Rating Evaluation (IRE). This is an exam by a physician to determine the percentage of your whole body impairment. An AMA Guide to the Evaluation of Permanent Impairment is used to determine your percentage of whole body impairment.  

If the IRE results in an impairment rating of less than 35%, then your benefits are “changed” from temporary total disability to temporary partial disability. This is a significant change since temporary total disability (TTD) can continue indefinitely while temporary partial disability (TPD) is for a maximum of 500 weeks. Note that although your benefits are changed from TTD to TPD, the amount of your weekly benefits does not change, but they are limited to an additional 500 weeks.

If the IRE results in an impairment rating of 35% or greater, then there is no change of your benefits and you will remain on TTD.

This process begins when a Request for Designation of a Physician to Perform an Impairment Rating Evaluation Form LIBC-766 is sent to you. The Department of Labor then designates a physician to perform the IRE. The timing of the request is extremely important. 

The request must be made within the 60 day period after you receive two years of total disability benefits. If the request is not made within this 60 day period, then the insurance carrier must file a petition with the Bureau of Workers’ Compensation and ask a Judge to change your total disability benefits to partial disability benefits. 

REMEMBER, IMPAIRMENT RATING EVALUATIONS MAY ONLY BE SCHEDULED FOR INJURIES WHICH OCCURRED ON OR AFTER JUNE 24, 1996.  
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