TT&H Attorneys Marc Aoun, Joseph Shields and John Morgan Prevail Before Commonwealth Court on Constitutionality of Act 111

TT&H Attorneys Marc Aoun, Joseph Shields, and John Morgan recently obtained a favorable outcome from the Commonwealth Court of Pennsylvania. The claimant’s benefits were modified from total to partial pursuant to an impairment rating evaluation (IRE) performed pursuant to Act 111. The legislature passed Act 111 to reinstate the IRE process after the court held a prior version of the IRE process unconstitutional in Protz.

The claimant here sought to overturn the modification of her benefit status based on a similar argument that Act 111 was unconstitutional under the due process and remedies clauses of the Pennsylvania Constitution. The Commonwealth Court ultimately agreed with the employer that the claimant’s constitutionality arguments had no merit, and upheld Act 111.

Questions about this case can be directed at Marc Aoun at maoun@tthlaw.com or 610-332-7006, Joseph Shields at jshields@tthlaw.com or 570-825-7227, or John Morgan at jmorgan@tthlaw.com or 267-861-7580.