Workers’ Compensation • Disability Standards • Improper Delegation • Article II, Section 1

Protz v. Workers’ Compensation Appeal Bd., PICS Case No. 17-0963 (Pa. June 20, 2017) Wecht, J., Saylor, C. J. (concurring), Baer, J. (dissenting) (27 pages).

Commonwealth court properly held that the general assembly improperly delegated its powers and violated Art. II, §1 when it directed IRE physicians to use the “most recent edition” of the AMA Guides to the Evaluation of Permanent Impairment in determining a claimant’s ratings impairment but court erred in remanding the case because §306(a.2) was unconstitutional in its entirety. Affirmed in part and reversed in part.

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