Justice SAYLOR, dissents.
Mr. Justice Saylor dissents, as he is of the view that Gardner does not address an employer's ability to request an IRE prior to the 104-week period set forth in Section 306(a.2)(1) of the Workers' Compensation Act. See 77 P.S. § 511.2(1). He would grant the Petition for Allowance of Appeal to allow for full briefing and argument before resolution of this specific issue.
Justice NEWMAN joins Justice SAYLOR'S dissent.