HARRISBURG, Pa., Dec. 30, 2003 (PRIMEZONE) -- The Pennsylvania of Chamber of Business and Industry today commended Gov. Ed Rendell for signing into law legislation that will improve the earning power assessment process for worker's compensation claimants.
"Without earning power assessments, it is difficult for insurers to modify benefits from total to partial in cases where claimants are able to perform gainful employment," said Floyd Warner, President of the PA Chamber. "Unfortunately, this process has been hindered by a recent court ruling. Many employers and insurers have expressed concern about the ramifications of that decision and its effect on their ability to challenge the disability status of a claimant."
Workers' compensation reforms enacted in 1996 allowed employers to require claimants to submit to assessments by a vocational expert approved by the Department of Labor and Industry in order to determine their earning power. In 2002, Commonwealth Court ruled that because the department only established minimum qualifications for a vocational expert, but did not issue a list of approved experts, claimants no longer had to submit to the assessments.
"The result of this decision is that employers must rely on claimants to voluntarily agree to these interviews, and in many cases, that is not occurring," Warner said.
The law (formerly H.B. 88) requires that earning power assessments utilize experts who meet the minimum qualifications already promulgated by the department. In doing so, it immediately resolves a lingering issue with the earning power assessment process and ensures that 1996 reforms continue as intended.
"The Chamber and the business community laud Representative Mike Turzai (R-Allegheny) for sponsoring this measure and Senator Joseph Scarnati (R-Warren/Jefferson) for his leadership in getting the legislation through the Senate this year," Warner said.
The Pennsylvania Chamber of Business and Industry is the state's largest broad-based business association and the fastest growing state chamber in the United States, with more than 10,000 members covering all 67 counties. More information is available on the Chamber's website at www.pachamber.org.
The PA Chamber of Business and Industry logo is available at: http://media.primezone.com/prs/single/?pkgid=353