Gardner v. Workers' Compensation Appeal Board

OPINION

Chief Justice CAPPY.

These cases, consolidated for purposes of this appeal, require us to resolve issues dealing with the timing of when an insurer is required to request that an injured employee submit to an impairment rating evaluation (“IRE”) for the purpose of obtaining an automatic reduction in benefits under the Workers’ Compensation Act, 77 P.S. § 511.2 (“Act”).1 For the *369following reasons, we affirm the Commonwealth Court’s decision in Gardner v. Workers’ Compensation Appeal Board (Genesis Health Ventures), 814 A.2d 884 (Pa.Commw.Ct.2003)(“Gardner’’) and reverse the Commonwealth…