On June 20, 2017, the Pennsylvania Supreme Court found Section 306(a.2) of the Workers’ Compensation Act to be unconstitutional. The decision in Protz v. Workers’ Compensation Appeal Bd. (Derry Area School District) means that indemnity benefits are no longer subject to a cap.
In the majority opinion authored by Justice Wecht, the court determined that the General Assembly’s delegation of authority to the American Medical Association (AMA), a private entity, was unconstitutional. The General Assembly must not only make “basic policy choices,” but it must …
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