Impairment Rating Evaluation in PA Workers Compensation

Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court

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        An Impairment Rating Evaluation is a very significant milestone in a Pennsylvania work injury claim. After a claimant receives two years, 104 weeks, of workers' compensation benefits, the Impairment Rating Evaluation (IRE) can be used by the workers' compensation insurance carrier to limit the injured worker's ongoing right to benefits and to convert them to a legal status of partial disability, even if the worker's doctors feel he remains totally disabled from returning to work.

         In fact, if the Impairment Rating Evaluation (IRE) is requested within a sixty (60) day window from the date the 104 weeks of benefits are paid, the result of the IRE is automatic. That is, the claimant's status is converted to partial and a clock begins to run on their remaining maximum period of wage loss compensation.

         If the insurer's request for the IRE comes outside that sixty day window, the result of the IRE must be confirmed by resort to the "traditional administrative remedy" -- meaning a petition before a Workers' Compensation Judge. This gives the claimant an opportunity to fight back.

         What is an IRE? It comes about when the workers compensation insurance company requests that the Bureau of Workers' Compensation assign a doctor who has met the requirements to perform such evaluations to perform an examination of the claimant. The claimant must then submit to the examination. This is different from an insurance carrier's IME. In an IRE, a doctor assigned by the Bureau seeks to apply guidelines published by the American Medical Association to determine whether the injured worker has suffered more than a fifty percent (50%) total body impairment due to their work injury.

         We tell our clients that to be found to have a fifty percent total body impairment, you basically have to be "half a person" -- usually someone who requires near round the clock care from others just to get by. This is a short-hand, and possibly an overstatement, but the fact remains that almost no one in the workers' compensation system is found to have a greater than fifty percent full body impairment. A managing judge recently commented to one of our attorneys that he knows of exactly two cases in Pennsylvania -- out of thousands -- where the claimant was found to have an impairment rating of greater than fifty percent, in the multi-year period since the impairment rating evaluation mechanism came into being under the Pennsylvania Workers' Compensation Act in the late 1990s.

      If you are found by the IRE process to have an impairment of less than fifty percent, your status will change from total disability to "partial" disability, even if you are entirely unable to return to work. This sets a clock running on your future benefits, of no more than 500 weeks.

       In some cases, the IRE can be challenged. A good attorney may be able to have the impairment rating invalidated based on legal technities and the relevant medical evidence standards, buying you time and increasing the workers' compensation insurance company's potential exposure. An aggressive lawyer can also use the occassion of an IRE to press the defendant insurance carrier for the maximum possible lump sum settlement for you, or otherwise use the medical report generated by the IRE physician in a way that helps your case and advances your rights.

        Call attorney Tim Kennedy today to discuss your rights in connection with an IRE: 484-453-8144.

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CLIENT TESTIMONIALS:

I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
                - B (Workers Compensation client)

"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
                - Michael (Workers Compensation Client)

Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
                -Trina (Workers Compensation Client)

Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
                - Current Workers Compensation Client

As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
                -Tim Kennedy
                (484) 453-8144

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