The majority in a 2-1 split Commonwealth Court decision determined that a workers’ compensation judge’s review of a claimant’s impairment rating evaluation should have taken into account work injury-related diagnoses that the claimant received after his initial injury determination.

In a dissenting opinion, Judge Mary Hannah Leavitt argued that the WCJ had been correct to discount later diagnoses since impairment evaluations hinge on an adjudicated injury being static.

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