238 A.3d 338
Pa.
2020

KEYSTONE RX LLC, v. BUREAU OF WORKERS’ COMPENSATION FEE REVIEW HEARING OFFICE (COMPSERVICES INC./AMERIHEALTH CASUALTY SERVICES)

No. 93 EAL 2020; No. 94 EAL 2020

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

September 1, 2020

PETITION OF: COMPSERVICES/AMERIHEALTH CASUALTY SERVICES; PETITION OF: BUREAU OF WORKERS’ COMPENSATION FEE REVIEW HEARING OFFICE

ORDER

PER CURIAM

AND NOW, this 1st day of September, 2020, the Petition for Allowance of Appeal at 93 EAL 2020 is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by Petitioner, are:

(1) Did the Commonwealth Court exceed the scope of its authority and substitute its judgment for that of the Pennsylvania Legislature when it promulgated a new rule which mandates non-healthcare providers are entities with standing and the right to intervene in the Workers’ Compensation Act‘s Utilization Review process?

(2) Did the Commonwealth Court err when it gave non-healthcare providers via the right to void at any time, a Utilization Review Determination regarding the reasonableness and necessity of the care of the physician who wrote the prescription which led to the non-healthcare provider providing a good or service to the injured worker?

The Petition for Allowance of Appeal at 94 EAL 2020 is GRANTED. The issue, as stated by Petitioner, is:

(1) Whether the Commonwealth Court violated the separation of powers doctrine by engrafting a new requirement onto the Pennsylvania Workers’ Compensation Act‘s process for conducting utilization review of treatment by a health care provider by prospectively directing that non-treating entities be given notice and an opportunity to intervene in utilization reviews?