Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

34 Pa. Code § 123.104. Initial IRE; designation of physician by Department.

§ 123.104. Initial IRE; designation of physician by Department.

 (a)  The insurer is responsible for scheduling the initial IRE. Only the insurer may request that the Department designate an IRE physician.

 (b)  The Department’s duty to designate an IRE physician pertains only to the initial IRE. A list of Departmentally approved IRE physicians will be available upon request.

 (c)  The request to designate a physician shall be made on Form LIBC-766, ‘‘Request for Designation of a Physician to Perform an Impairment Rating Evaluation.’’

 (d)  Within 20 days of receipt of the designation request, the Department will designate a physician to perform the IRE.

 (e)  The Department will provide the name and address of the physician designated to perform the IRE to the employee, the insurer and the attorneys for the parties, if known.

Notes of Decisions

   Employer Cannot Unilaterally Select IRE Physician

   Where the goal of an employer’s request that claimant undergo an Impairment Rating Evaluation (IRE) is to determine claimant’s degree of impairment, agreement of the parties or the Bureau of Workers’ Compensation designation are the sole and exclusive avenues for physician selection; employer is not entitled to unilaterally select an IRE physician. Lewis v. W.C.A.B. (Wal-Mart Stores, Inc.), 856 A.2d 313, 319 (Pa.Cmwlth. 2004).




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