PA Workers’ Compensation law provides that an employer / insurance carrier may request an impairment rating evaluation (IRE) after an injured worker has received 2 years of workers’ compensation payments. If the IRE rating is 50% or more, workers’ compensation payments continue as they are. If the IRE rating is less than 50%, the injured worker at that point receives a maximum of 9.5 more years of workers’ compensation weekly checks. The IRE does not impact the payment of medical benefits.
Note the confusing initials:
- IRE – Impairment Rating Examination – impairs duration of workers’ compensation checks.
- IME – Independent Medical Examination – employer’s medical exam – this could impact both weekly checks and medical bills.
It is very rare for IRE ratings to be more than 50%. Thus, most IREs eventually mean that injured workers are looking at a maximum of 9.5 years / 500 weeks.
The IRE which in most cases limits workers’ compensation payments to 9.5 years and could be then followed up by an IME. If the IME doctor concludes that the injured worker has fully or partially recovered from the work injury; the workers’ compensation insurance carrier can then file a Petition to Modify, Suspend or Terminate the 500 week payment. In other words, the IME and the IRE can be used together or one at a time to try and cut off workers’ compensation payments.
An injured worker does not have the right to choose the IRE or IME doctor. The injured worker can challenge an IME or IRE with their own doctor’s opinion.
If you have received a Notification for an IRE or IME, Call Calhoon and Kaminsky P.C., at 717-695-4722 for a FREE consultation to find out your rights.
