# Protz v. Workers' Compensation Appeal Board

> Supreme Court of Pennsylvania · June 20, 2017 · 639 Pa. 645

URL: https://www.frixlaw.com/law-library/cases/9876800

## Case

- **Full name:** Mary Ann PROTZ, Appellant v. WORKERS’ COMPENSATION APPEAL BOARD (DERRY AREA SCHOOL DISTRICT), Appellees; Mary Ann Protz v. Workers’ Compensation Appeal Board (Derry Area School District). Appeal Of: Derry Area School District
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 20, 2017
- **Citations:** 639 Pa. 645; 161 A.3d 827
- **Precedential status:** Published
- **Opinion:** Concurrence by Saylor
- **Judges:** Saylor, Baer, Todd, Donohue, Dougherty, Wecht, Mundy
- **Cited by:** 207 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9876800

## How later opinions describe it (automated extraction)

- 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 pol…
- finding the IRE process under former Section 306(a.2) of the Act2 unconstitutional and striking that provision from the Act
- affirming this Court in part by declaring Section 306(a.2) of the Act to be an unconstitutional delegation of legislative authority, but reversing in part by striking Section 306(a.2) from the Act entirely

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9876800. Public record. Not legal advice.