An employer is not required to first seek an agreement from a claimant on an IRE physician before filing a request with the Bureau to designate an IRE physician.

Ten years after the claimant’s work-related injury, the employer filed a request with the Bureau to designate a physician to perform an IRE under §306 (a.2) of the Act. The claimant objected to the Bureau-designated IRE physician, arguing that the employer was required to reach an agreement with the claimant on an IRE physician before filing this request with the Bureau. The claimant refused to appear for the IRE. The employer filed a petition to compel the claimant to appear for the IRE, which was granted. The claimant appealed to the Appeal Board, which affirmed.

The Commonwealth Court disagreed with the claimant’s position and dismissed the appeal. According to the court, §306 (a.2) (1) merely lists two alternative methods for selecting the IRE physician and does not state that the designation by the Bureau is limited to a situation where the parties are unable to agree.

_{Case Law Alerts, 4^th Quarter, October 2015}

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