J. Sobol v. Select Medical Corp. (WCAB)
799 C.D. 2021
Pa. Commw. Ct.May 18, 2022Background
- Claimant Joanne Sobol sustained a compensable right-shoulder work injury on December 1, 2016; Employer issued a Notice of Compensation Payable.
- After 104 weeks of total disability, Employer obtained an IRE on January 22, 2020 using the AMA Guides (6th ed., 2nd printing), which assigned a whole-body impairment (WBI) of 6%.
- Employer petitioned under Section 306(a.3) (Act 111) to modify benefits from total to partial disability; WCJ granted the petition effective January 22, 2020.
- Claimant argued Act 111 is unconstitutional when applied retroactively to injuries occurring before its effective date; the WCJ preserved the constitutional challenge for appeal.
- The Workers’ Compensation Appeal Board affirmed the WCJ, relying on Commonwealth Court precedents upholding Act 111; this Court affirmed the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Act 111 is unconstitutional as applied retroactively to pre‑enactment injuries | Sobol: Retroactive application alters vested right to benefits and is unconstitutional | Act 111 was intended to apply retroactively; claimants reasonably expect benefits may change; precedents uphold Act 111 | Court: Affirmed — Act 111 may be applied to pre‑enactment injuries; prior decisions reject Sobol's vested‑rights challenge |
Key Cases Cited
- Protz v. Workers’ Compensation Appeal Board (Derry Area School District), 161 A.3d 827 (Pa. 2017) (struck prior statute as unconstitutional delegation; prompted enactment of Act 111)
- Rose Corporation v. Workers’ Compensation Appeal Board (Espada), 238 A.3d 551 (Pa. Cmwlth. 2020) (interpreted Act 111 as evidencing legislative intent to give certain provisions retroactive effect)
- Pierson v. Workers’ Compensation Appeal Board (Consol Pennsylvania Coal Company LLC), 252 A.3d 1169 (Pa. Cmwlth. 2021) (held Act 111’s weeks/credit provisions may be applied retroactively and do not impair vested rights)
- Pennsylvania AFL-CIO v. Commonwealth, 219 A.3d 306 (Pa. Cmwlth. 2019) (upheld constitutionality of Act 111; decision later affirmed)