Protz v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge SIMPSON.

I disagree with the Majority’s determination that Section 306(a.2) of the Workers’ Compensation Act1 (Act), pertaining to medical examinations and impairment ratings, violates the Pennsylvania Constitution’s prohibition against the unlawful delegation of legislative power. As explained below, in Section 306(a.2) the General Assembly delegated initial impairment ratings to an independent, Pennsylvania-licensed, board-certified, clinically-active physician. Further, in situations such as the present case, ultimate impairment ratings are resolved by an…