As battles over the retroactivity of the Pennsylvania Supreme Court’s landmark workers’ compensation decision in Protz v. Workers’ Compensation Appeal Board (Derry Area School District) continue, the future of impairment rating evaluations is starting to take shape.

A three-judge panel of the Commonwealth Court on Oct. 11 upheld a legislative change to the Workers’ Compensation Act designed to cure the constitutional defect in the statute that was identified in the Protz case.