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Protz II prompts Commonwealth Court to reverse a Workers’ Compensation Judge’s decision to modify benefits based on an IRE performed in 2005 using the Fifth Edition of the AMA Guides.

In her second appeal to the Commonwealth Court, the claimant argued that the Workers’ Compensation Judge erred in concluding that her benefits were modified based on an IRE performed using the Fifth Edition of the AMA Guides, which the Commo Case Law Alerts, 1st Quarter, January 2018

An employer that establishes that a claimant’s loss of earnings is not related to the work injury, but is related to other factors, is not required to prove job availability within the claimant’s medical restrictions.

The Workers’ Compensation Judge granted the employer’s suspension petition, mainly because the claimant refused to work because he was reprimanded for not calling in before job, which he was required to do. Case Law Alerts, 1st Quarter, January 2018