Opinion

Protz v. Workers' Compensation Appeal Board

  • 639 Pa. 645
  • 161 A.3d 827
Court
Supreme Court of Pennsylvania
Filed
Jun 20, 2017
Status
Published
Author
Saylor
On the bench
Saylor, Baer, Todd, Donohue, Dougherty, Wecht, Mundy
Cited by
207 cases

holding that statute designating the “most recent edition” of the American Medical Association guide as the source for determining percentage of disability for workers’ compensation purposes was an impermissible delegation because the legislature did not set any particular policy or “prescribe any standards to guide and restrain the AMA’s discretion”

How later courts described this case

  • holding that statute designating the “most recent edition” of the American Medical Association guide as the source for determining percentage of disability for workers’ compensation purposes was an impermissible delegation because the legislature did not set any particular policy or “prescribe any standards to guide and restrain the AMA’s discretion”
  • providing that, when the General Assembly assigns the authority and discretion to execute or administer a law, the state constitution imposes two fundamental limitations: "first, the basic policy choices must be made by the [l]egislature; and second, the legislation must contain adequate standards which will guide and restrain the exercise of the delegated administrative functions"
  • relying upon the mandate of Article II, Section 1 of the Pennsylvania Constitution that “[t]he legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives.”
  • finding the IRE process under former Section 306(a.2) of the Act2 unconstitutional and striking that provision from the Act

Written by the judges who cited it.

The opinion

CHIEF JUSTICE SAYLOR,

Concurring

I support the core legal analysis contained in the majority opinion. At least in the absence of some sort of ongoing legislative or administrative review or oversight, I agree that *669 prospective medical texts cannot be incorporated into a scheme affecting citizens’ substantial rights. My differences with the majority opinion are more a matter of approach than substance, as, for example, I find it unnecessary to even consider that the American Medical Association might concoct anything, see Majority Opinion, at 658,161 A.3d at 835, or that the General Assembly may have acted on an avoidance rationale, see id. at 661 n.6,161 A.3d at 837 n.6.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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