In denying a termination petition for credibility reasons, the judge ordered the employer to pay counsel fees for unreasonable contest. The Board reversed, ruling that the employer’s evidence would have allowed the judge to grant the termination petition if it had been credited. The claimant appealed to the Commonwealth Court, arguing that an Impairment Rating Evaluation (IRE) determination of 6% impairment precluded a subsequent termination, thus making the employer’s contest unreasonable as a matter of law. The Commonwealth Court rejected the claimant’s argument because there was no evidence that the claimant's knee injury in question was clearly irreversible. 

What It Means to You

A positive IRE determination does not rule out the possibility of a future termination. However, the IRE determination can still be considered and used against you in a subsequent termination proceeding. Contact a Cipriani & Werner attorney to discuss whether it makes sense to commission an IRE in your particular case.