1. (a) The insurer is responsible for scheduling the initial IRE. Only the insurer may request that the Department designate an IRE physician.
2. (b) A list of Departmentally approved IRE physicians will be available upon request.
3. (c) The request to designate a physician shall be made on Form LIBC-766, ‘‘Request for Designation of a Physician to Perform an Impairment Rating Evaluation.’’
4. (d) Within 20 days of receipt of the designation request, the Department will designate a physician to perform the IRE.
5. (e) The Department will provide the name and address of the physician designated to perform the IRE to the employee, the insurer and the attorneys for the parties, if known.

Authority

The provisions of this § 123.104 amended under sections 401.1 and 435(a) of the Workers’ Compensation Act (77 P.S. § § 710 and 991(a)); and section 2205 of The Administrative Code of 1929 (71 P.S. § 565).

Source

The provisions of this § 123.104 amended January 24, 2025, effective January 25, 2025, 55 Pa.B. 719. Immediately preceding text appears at serial page (347713).

Notes of Decisions

Employer Cannot Unilaterally Select IRE Physician

Where the goal of an employer’s request that claimant undergo an Impairment Rating Evaluation (IRE) is to determine claimant’s degree of impairment, agreement of the parties or the Bureau of Workers’ Compensation designation are the sole and exclusive avenues for physician selection; employer is not entitled to unilaterally select an IRE physician. Lewis v. W.C.A.B. (Wal-Mart Stores, Inc.), 856 A.2d 313, 319 (Pa.Cmwlth. 2004).