Whitfield v. Workers' Comp. Appeal Bd.

OPINION BY JUDGE COHN JUBELIRER

In 2015, this Court held the impairment rating evaluation (IRE) provision found in Section 306(a.2) of the Workers' Compensation Act1 (WC Act) was an unconstitutional delegation of legislative powers "insofar as it purports to adopt a new version of the American Medical Association's [ (AMA) ] Guides to the Evaluation of Permanent Impairment (Guides )" without review. Protz v. Workers' Comp. Appeal Bd. (Derry Area Sch. Dist.) , 124 A.3d 406, 417 (Pa. Cmwlth. 2015) ( Protz I ). As a result, in that case and cases that followed in which the issue was properly…