GARDNER v. W.C.A.B. (GENESIS HEALTH VENTURES


888 A.2d 758 (2005)

Barbara GARDNER, v. WORKERS' COMPENSATION APPEAL BOARD (GENESIS HEALTH VENTURES), Appellee Appeal of Genesis Health Ventures Wal-Mart Stores, Inc., v. Workers' Compensation Appeal Board (Leroy Rider), Appeal of Leroy Rider.

Supreme Court of Pennsylvania.

Decided December 28, 2005.


Attorney(s) appearing for the Case

Ralph D. Oyler, for Leroy Rider.

Amber M. Kenger, Richard C. Lengler, Harrisburg, for Workers' Compensation Appeal Board.

Anthony T. Colangelo, Pittsburgh, for Wal-Mart Stores, Inc.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Chief Justice CAPPY.

These cases, consolidated for purposes of this appeal, require us to resolve issues dealing with the timing of when an insurer is required to request that an injured employee submit to an impairment rating evaluation ("IRE") for the purpose of obtaining an automatic reduction in benefits under the Workers' Compensation Act, 77 P.S. § 511.2 ("Act").1 For the following reasons, we affirm...

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