green
Positive treatment
Quoted verbatim 1×
33.1 score
“the complete loss of a hand, for instance, is equivalent to 90 upper-extremity impairment, while the complete loss of an upper extremity is equivalent to 60 whole-person impairment.”
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2017
2021
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Sicilia, V. v. API Roofers Adv. Program (WCAB)
(4×)
also: Cited "see"
the complete loss of a hand, for instance, is equivalent to 90 upper-extremity impairment, while the complete loss of an upper extremity is equivalent to 60 whole-person impairment.
cited
Cited as authority (rule)
G. Smith v. Atria Mgmt. Co., LLC v. (WCAB)
Appeal Bd. (Trola-Dyne, Inc.), 152 A.3d 984, 987 (Pa. 2017)).
examined
Cited as authority (rule)
Del Val Home Improvements v. J. Gaw (WCAB)
(3×)
Likewise, we affirmed the Board’s reversal, opining “that the focus of an IRE is on the state of the claimant and the compensable injury, as described in NCP at the time the IRE is performed.” Duffey v. Workers’ Compensation Appeal Board (Trola- Dyne, Inc.), 119 A.3d 445, 451 (Pa. Cmwlth. 2015) (Duffey I), reversed, Duffey II, 152 A.3d at 996 (emphasis in original).
discussed
Cited as authority (rule)
City of Philadelphia v. L. Turner (WCAB)
The IRE provisions of former Section 306(a.2) that are pertinent to this appeal were reenacted in Section 306(a.3) without substantial modification. 8 claimant’s whole-person impairment rating, did not specifically consider the claimant’s reported psychological conditions of adjustment disorder, depressed mood, and chronic post-traumatic stress disorder. 152 A.3d at 985, 987 .
examined
Cited as authority (rule)
Sicilia, V. v. API Roofers Adv. Program (WCAB)
(3×)
Duffey, 152 A.3d at 988 (stating “[w]e find the outcome of this case to be controlled by straightforward statutory interpretation”).
examined
Cited as authority (rule)
Sicilia, V. v. API Roofers Adv. Program (WCAB)
(5×)
Stated another way, this Court held that, when performing an IRE, IRE “physician-[evaluators] must exercise independent professional judgment to make a whole-body assessment of the degree of impairment due to the compensable injury . . . , which discernment cannot be withheld on the basis that the [IRE] physician-[evaluator] believes the undertaking is a more limited one.” Id. at 996 (internal citation and quotation marks omitted).
cited
Cited as authority (rule)
V. Sicilia v. API Roofers Advantage Program (WCAB)
Duffey II, 152 A.3d at 998-99 (Wecht, J., dissenting).
cited
Cited as authority (rule)
D. Cutter v. Com. of PA (WCAB)
Appeal Bd. (Trola-dyne, Inc.), 152 A.3d 984, 989 (Pa. 2017).
discussed
Cited as authority (rule)
PA AFL-CIO, by its Trustees ad litem v. Com. of PA
Appeal Bd. (Trola-dyne, Inc.), 152 A.3d 984, 990-91 (Pa. 2017) (holding that, in performing an IRE, a physician must apply professional judgment to assess conditions that could be fairly attributable to a compensable injury and the failure to exercise that judgment may render the IRE invalid).
cited
Cited "see"
J.T. Tedesco v. Kane Freight Lines, Inc. (WCAB)
See Duffey II, 152 A.3d at 989 - 91.
Retrieving the full opinion text from the archive…
Kevin D. ROCKTASCHEL
v.
COMMONWEALTH of Pennsylvania
v.
COMMONWEALTH of Pennsylvania
No. 5 MAP 2016.
Supreme Court of Pennsylvania.
Dec 28, 2016.
Cited by 1 opinion | Published
Citer courts: Supreme Court of Pennsylvania (1)
ORDER
PER CURIAMAND NOW, this 28th day of December, 2016, the order of the Commonwealth Court is hereby AFFIRMED.