An Impairment Rating Evaluation (IRE) is a medical examination requested by an insurer to determine an injured worker’s whole-body impairment due to a Workers Compensation compensable injury.
 
I was recently contacted by a physician in my Senatorial District who performs IREs, and has experienced a roadblock within Section 306(a.3)(1) of the Workers Compensation Act. This physician has been performing IREs for over 20 years and is seeking to retire from his practice but continue performing IREs, as there are only approximately 35 physicians statewide certified to do so. In this section of the Act, it states that a physician performing an IRE must be licensed in this Commonwealth, certified by an American Board of Medical Specialties approved board or its osteopathic equivalent and who is active in clinical practice for at least twenty hours per week, chosen by agreement of the parties, or as designated by the department, pursuant to the most recent edition of the American Medical Association "Guides to the Evaluation of Permanent Impairment," 6th edition (second printing April 2009).
 
My proposed legislation will simply remove the requirement that the physician must be active in clinical practice for at least twenty hours per week. This will still allow qualified, experienced physicians to perform IREs while easing into much deserved retirement. In August 2021, there were 45 IRE certified physicians statewide, as opposed to only 35 in 2025. In this same time period, 12 IRE certified physicians have been removed due to retirement and not meeting the existing clinical practice requirement, while only two new IRE certified physicians were added.
 
Counties particularly effected by the declining amount of IRE certified physicians are:

• Allegheny County, the second largest county in the Commonwealth, currently only has two IRE certified physicians, with a population of 1.2 million. These two physicians are also approaching retirement age.
• Beaver, Butler, Indiana, Montour, Pike, Westmoreland and Wyoming Counties no longer have any IRE certified physicians.
• Cumberland County only has one IRE certified physician.

 
Also, this legislation will better align who is allowed to perform IREs with who is allowed to perform Independent Medical Examinations (IMEs). All though IME certified physicians make return to work, causation, and medical/surgical treatment recommendations, the physicians are not required to have an active practice. Whereas an IRE certified physician makes an impairment analysis only and no recommendations are made in the report.
 
This legislation will help retain the most seasoned physicians who perform IREs, potentially bring back qualified physicians to perform IREs, as well as open the door for physicians performing IMEs to also perform IREs. I hope you will join me in cosponsoring this simple, but important, legislative measure. Please reach out to Fallon Binner in my office if you have any questions at fbinner@pasen.gov.