906 A.2d 531
938 MAL 2003.Supreme Court of Pennsylvania.
July 27, 2006.
Petition for Allowance of Appeal, No. 938 MAL 2003 from the Order of the Commonwealth Court.
ORDER
PER CURIAM.
AND NOW, this 27th day of July 2006, the Petition for Allowance of Appeal is denied.
Mr. Justice Saylor dissents, as he views the Commonwealth Court’s present holding, which precludes Employer from requesting an IRE based upon its failure to make such a request within the sixty-day time limitation of Section 306(a.2)(1), see 77 P.S. 511.2(1), as inconsistent with the reasoning of Gardner v. WCAB (Genesis Health Ventures), 585 Pa. 366, 382-84, 888 A.2d 758, 768 (2005).
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