In City of Pittsburgh v. Workers’ Compensation Appeals Board (Donovan), 1804 C.D. 2019, decided last week by the Pennsylvania Commonwealth Court, the fallout from Protz v. Workers’ Compensation Appeals Board (Derry Area School District), 161 A.3d 827 (Pa. 2017) (Protz II) and its progeny is addressed at length, along with the current status of the impairment rating evaluation (IRE). If you have not kept up on the impact of the IRE on the practice, digesting the Donovan decision is time well spent.

The facts of Donovan were not in dispute. They began in July 2010 when the claimant was injured while working as a career firefighter, sustaining trauma to both of his shoulders. The city of Pittsburgh accepted the claim by issuing a notice of compensation payable, acknowledging the claimant’s entitlement to benefits both under the Workers’ Compensation Act and the Heart and Lung Act, given his status as a covered civic worker.