Impairment Rating Evaluation: The Defense Perspective

Andrew B. Klaber

ANDREW B. KLABER is a graduate of Bucknell University and the University of Pittsburgh School of Law. He began his career in Philadelphia with the law offices of Rawle & Henderson where he concentrated his practice in the representation of employers on a wide range of litigation matters. By 1991 Mr. Klaber became a founding member of the Philadelphia firm, Weber Goldstein Greenberg & Gallagher, LLP. In addition to issues...

In simple terms, the IRE allows the employer to cap a claimant’s entitlement to indemnity benefits under the Act. Assuming that the employer adheres to the Statute, and the guidance of the Courts, the IRE provisions can be effective in limiting wage loss wage loss exposure at 500 weeks of total disability benefits, beginning of the date of the IR exam. This 500 week period may begin to run as early as 104 weeks after the first receipt of TTD benefits. However, if the IRE request is untimely or the exam itself is delayed, the employer’s exposure may extend beyond 604 weeks of benefits. This brief summary of the process sets forth the basic framework for the IRE process and several practical suggestions for defense counsel.