I get many phone calls from clients and prospective clients about the peculiar document, called a Notice of Ability To Return To Work. This is a form, LIBC 757, sent to an injured worker pursuant to Section 306(b) (3) of the Pennsylvania Workers’ Compensation Act.
What does it mean when you receive this notice? Is it a job offer? Do you have to return to work immediately if you have received a Notice of Ability to Return to Work?
We have covered all that and more in today’s article.
The Contents of Notice of Ability to Return to Work
As stated above, this notice is sent to the injured worker under Section 306(b) (3) of the Pennsylvania Workers’ Compensation Act.
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That provision states, “If the insurer receives medical evidence that the claimant is able to return to work in any capacity, then the insurer must provide prompt written notice, on a form prescribed by the department, to the claimant, which states all of the following:
- The nature of the employee’s physical condition or change of condition.
- That the employee has an obligation to look for available employment.
- That proof of available employment opportunities may jeopardize the employee’s right to receipt of ongoing benefits.
- That the employee has the right to consult with an attorney in order to obtain evidence to challenge the insurer’s contentions.” (emphasis added)
Is Notice of Ability To Return To Work A Job Offer?
Many injured workers believe that this Notice of Ability To Return to Work is a job offer – it is not. It is just what it says: a Notice stating that some doctor opines that you can work – in some capacity.
A lot of injured workers also worry that the Notice of Ability To Return To Work means you have to get back to work in a PA work comp case even if your own physician tells you otherwise. We have answered that question in detail in another post here: Do I Have To Return To Work If I Get A Notice Of Ability To Return To Work In A Pennsylvania Work Comp Case?
The only time this notice can be considered a job offer is when the form is accompanied by a job offer letter. In every other case, the Notice of Ability To Return To Work in a PA work comp case is simply just a notice. Be careful to make sure a job offer isn’t enclosed with the Notice.
An important thing to note here is that in most cases when this notice is sent, it is often the beginning of litigation, where an insurer/employer is challenging your benefits.
So, if you receive a Notice of Ability to Return to Work, you should call a Certified Pennsylvania Work Comp Lawyer right away, to get your case strategy set. Failure to do so can adversely affect your benefits and your employer may become successful in compelling you to come to work.
The Purpose of the Notice
What is the purpose of the Notice sent to injured worker? The Commonwealth Court of Pennsylvania, in Burrell v. Workers’ Compensation Appeal Board (Philadelphia Gas Works), 849 A.2d 1282, held that “the purpose of the notice requirement is to require the employer to share new medical information about a claimant’s physical capacity to work and its possible impact on existing benefits”. The Court in Burrell also noted that formal notice is not required where a claimant is actually performing the work.
What if there is a conflict between IME Doctor and Treating Physician?
Another source of confusion regarding the Notice of Ability To Return To Work is that the Notice often comes on the heels of an independent medical exam- that is, an exam by a doctor which the work comp insurer chooses. The IME doctors frequently claim that an injured worker is either fully recovered from her work injuries or that the injured worker has the ability to work within certain restrictions. This opinion often conflicts with the injured worker’s own doctor. The treating physician may believe the injured worker cannot work at all, or that she needs more restrictions than the IME doctor imposed.
Therefore, the injured employee may be confused about what restrictions the Employer will utilize in making a possible job offer- the IME doctor’s restrictions or her own doctor’s restrictions. It is strongly recommended that the injured workers call an experienced Pennsylvania Work Injury Lawyer to discuss this situation. The next move taken by the injured worker can make or break a case.
What If the Insurer Fails to Send the Notice of Ability To Return To Work In A Work Comp Case?
The failure of an insurer to send the Pennsylvania Work Comp Notice of Ability To Return To Work will sometimes, by itself, defeat an attempt by the employer/insurer to reduce benefits. For an employer to successfully reduce benefits, it must send out this Notice promptly. There are some exceptions, however. For example, in Smith v. Worker’s Compensation Appeal Board (Caring Companions, Inc.), No. 417 C.D. 2012, the Commonwealth Court found that the Notice of Ability To Return To Work was not required because Claimant herself had provided her employer with a copy of her doctor’s restrictions. The purpose of Section 306 (b)(3) had already been achieved.
What to Do If You Receive A Notice Of Ability To Return To Work?
If you get a Notice of Ability To Return To Work, call Pennsylvania Workers’ Compensation Certified Attorney and we will discuss with you how it affects your case. Our lawyers are available 7 days a week at 215-206-9068 (direct dial) or via email at Michael@CardamoneLaw.com.
Supersedeas is a request by the employer/insurance company to cut off/supersede or reduce your indemnity (wage loss) benefits.
You will often see a Supersedeas request when a Termination/Modification/Suspension Petition is filed against you. These are the three main petitions an employer/insurer can file to threaten your Pennsylvania Workers’ Compensation benefits. The employer/insurer’s attorney will most likely request Supersedeas but the Work Comp Judge will normally grant you some time after the first hearing to submit some initial evidence rebutting the allegations in the petition. (not all Work Comp Judges allow extra time, so be careful to know your Judge and his/her rules- some want the Supersedeas evidence ready at the initial hearing) For example, if the insurer/employer filed a Petition to Terminate benefits, they are alleging that you are fully recovered from the accepted work-related condition. The Judge assigned the case, soon after the first hearing, will make a Supersedeas Decision. So you will want to speak to an attorney to make sure you are submitting evidence to win the Supersedeas Decision, and that directly refutes the allegations in the petition. If it’s granted, then your wage loss checks will stop during the litigation. If the request for Supersedeas is denied (this is more common), then your wage loss checks will continue as the case proceeds through court. If you are not receiving wage loss benefits, then there is nothing to supersede so Supersedeas doesn’t apply. Again, Supersedeas only goes to the wage loss benefits. The medical benefits are not affected.
After Supersedeas, the case continues where the parties have 90 days each (normally 180 days total) to secure their evidence. Then a final hearing will take place where the evidence is submitted, after which the Work Comp Judge will advise the parties how long they have to submit written arguments called “Briefs”.
Supersedeas is a really important matter if you are an injured worker and receiving wage loss checks. Why? Because if you lose the Supersedeas Decision, your checks will be reduced or stopped as the case proceeds. And, litigation can take up to a year sometimes, even more in some cases. So you want the cash flow to continue and winning Supersedeas is the way to do this! Call Workers’ Comp Law Firm Cardamone Law 7 days a week to get your case reviewed. No charge, no costs. Fees in Pennsylvania Work Comp are contingent. We win the vast majority of Supersedeas Decisions, thereby positioning our clients’ cases in a way that maintains leverage, especially for settlement negotiations.
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Work Comp For Injured Workers Is All We Do.
I received a Petition to Terminate my benefits for my Pennsylvania Work Comp case, what do I do? If you aren’t represented by a lawyer yet, please call us 7 days a week at (215) 206-9068. The insurer is alleging that you are fully recovered from the accepted work injury. What does accepted mean? Well, the last controlling document issued, whether a Notice of Compensation Payable, a Supplemental Agreement, or perhaps an Order from a Work Comp Judge, will detail what diagnoses are accepted. A Termination Petition often comes after you see an Independent Medical Examiner. Sometimes, your own treating doctor may opine as to a recovery, but it’s most frequently the opinion of an IME doctor hired by the insurer/employer.
The Petition will get assigned to a Work Comp Judge. Then you will be scheduled for a first hearing. This first hearing, called Supersedeas, is when the insurer/employer’s attorney will offer the IME report or medical report of a doctor which claims a full recovery- and they will ask the Judge to stop the checks if you are receiving wage loss checks. However, before deciding the first stage of the case- Supersedeas- the Judge will give you a chance to present your rebuttal evidence showing you aren’t in fact recovered. Your attorney will explain what documents or evidence is needed to win this first and critical part of the litigation.
Often times, the Judge will set up a Mediation where the parties meet with another Judge to try to settle the matter. Insurer will have 90 days or so from the first hearing to take the deposition of the IME doctor and present any other evidence. Then the Claimant (injured worker) will usually get 90 days after that to present his or her case.
Call a Pennsylvania Workers’ Comp Lawyer for more information about Termination Petitions in Pennsylvania Work Comp cases- or email. (215) 206-9068 or Michael@Cardamonelaw.com
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If you are an injured worker and you receive a hearing notice, you want to speak to your PA Work Comp Lawyer as soon as possible. If you don’t have one, call PA workers’ compensation attorneys at (215) 206-9068. There are some Judges who want the injured worker present at all hearings, and other Judges who don’t expect the attendance unless testimony is being presented.
The Duration of the PA Work Comp Hearing
How long will a Pennsylvania Work Comp Hearing take?
It depends! Sounds like a lawyerly answer, I know- but it’s true. Some hearings are 5 minutes or less- where the lawyers are giving the Judge an update with the evidence.
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It depends! Sounds like a lawyerly answer, I know- but it’s true. Some hearings are 5 minutes or less- where the lawyers are giving the Judge an update with the evidence.
Other hearings can take an hour or longer if testimony is being taken. If you have a PA Work Comp settlement hearing, that often takes only about 10 minutes or so. Of course, you could be sitting around for much longer, just waiting for the Judge to dispose of prior cases, but the settlement hearings, once started, are quick.
The Dress Code For PA Workers’ Compensation Hearings
Do you need to dress up?
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You should look respectable. That’s the bottom line. You are not required to wear a dress if you are a lady or a suit if you are a man. But showing up to Court in jean shorts or a tank top is not advised.
The Attendees of Workers’ Comp Hearing
Who will attend the hearing? Well, the Work Comp Judge will be presiding. The two workers comp PA lawyers (sometimes more PA workers compensation employee rights attorneys, if there is a “joinder petition”) will be present. Sometimes you will need to attend, per the above, and sometimes a witness from the employer will be there, or even the adjustor/claims rep. It depends on what’s happening at the hearing.
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Again, always touch base with your PA workers compensation attorneys when you receive a hearing notice. They may not have all the details in place when the hearing notice comes out, about what will be happening at the hearing, but it’s a good practice to touch base anyway, and then stay tuned as the hearing approaches.
The Recording of Workers’ Comp Hearing
Will the hearing be recorded?
Some Judges may not make a record if it’s just a quick update. Other Judges like to go on the record for every case, no matter what’s occurring. There will be a stenographer there, taking down each word that is said and a transcript can be requested.
Contact PA Workers’ Compensation Attorneys
For more information about Pennsylvania Work Comp Hearings, call or email us at (215) 206-9068 or Michael@Cardamonelaw.com
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What does a request for Supersedeas mean in a Pennsylvania Work Comp case?
It means the insurer/employer is requesting to reduce or eliminate your wage loss checks based on evidence of an earning power- usually after an Independent Medical Exam is performed. You will see this request on a Petition to Terminate (alleging a recovery), a Petition to Suspend (alleging no loss of earning power), or a Petition to Modify (alleging some earning power).
According to 42 Pa.C.S. § 702(c), “Supersedeas provides that, except as otherwise prescribed by general rule, a petition for permission to appeal under that section shall not stay the proceedings before the trial court or other government unit, unless the trial court or other government unit or the appellate court or a judge thereof shall so order.”
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If you don’t already have a Pennsylvania Work Comp Attorney, you should call us right away. Supersedeas is a CRITICAL part of a PA Work Comp case because if you don’t win that first part of the case, your checks can be reduced or stopped as the litigation takes place- and that can take up to a year or more sometimes.
Supersedeas in PA workers’ compensation laws is a fancy way of saying the insurer wants to cut off, or reduce your checks, in most circumstances. It is a red flag to get lawyered up quickly! Check out how Cardamone Law firm wins several supersedeas cases for injured workers in Pennsylvania.
For more info about Pennsylvania Work Comp Supersedeas, call us or email (215) 206-9068 or Michael@Cardamonelaw.com – We have the best PA Workers’ compensation attorneys who will look into your supersedeas cases and offer you the best possible advice and solution.
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Injured workers in Pennsylvania are often sent a Notice of Ability to Return to Work in a workers’ compensation case. What does this mean? Is it a job offer? Do you have to return to work immediately if you have received a Notice of Ability to Return to Work? We have covered all that and more in today’s article.
What is Notice of Ability To Return To Work?
Pennsylvania Work Comp Notice of Ability to Return to Work is sent whenever a doctor, whether yours, or an Independent Medical Doctor, claims you have some ability to work, whether full duty or with restrictions. They are required to send out this notice promptly to the injured worker, according to the PA Workers’ Compensation Law.
Is Notice of Ability To Return To Work A Job Offer?
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Many injured workers believe that this Notice of Ability To Return to Work is a job offer- it is not! It’s just what it says- a Notice stating that some doctor opines that you can work- in some capacity.
A lot of injured workers also worry that the Notice of Ability To Return To Work means you have to get back to work in a PA work comp case even if your own physician tells you otherwise. We have answered that question in detail in another post here: Do I Have To Return To Work If I Get A Notice Of Ability To Return To Work In A Pennsylvania Work Comp Case?
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However, it is often the beginning of litigation where an insurer/employer is challenging your benefits. So, if you receive a Notice of Ability to Return to Work, you should call a Certified Pennsylvania Work Comp Lawyer right away, to get your case strategy set. Work Comp for injured workers is all we do.
Contact Cardamone!
For more info about a Notice of Ability to Return to Work, or Pennsylvania Work Comp Law in general, call Cardamone Law, the leading workers’ compensation firm in PA, 7 days a week at 215-206-9068 or email Michael@Cardamonelaw.com
At least once a week, I get a call from a client asking me what this document means. The document I am referring to is called “Notice of Ability To Return To Work” in a workers compensation case. This is a form sent to an injured worker in Pennsylvania, required by Section 306 (b) (3) of the PA Work Comp Act, informing an injured worker that the insurer has received medical evidence that the employee is able to return to work in some capacity.
Whether it’s an insurance company doctor or a treating doctor, the insurer is almost always required to send this notice out if the physician deems the worker to be capable of work, with or without restrictions.
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Note: it is not required in some limited circumstances such as when a petition to modify is based on surveillance evidence showing an imputed earning power vs a change in medical condition.
Many injured workers receive this notice and interpret it to mean that they are being asked to return to work. This is not the case. Standing alone, the Notice of Ability To Return To Work is simply what it says – a notice. If the employer contends that it has work available within the physician’s restrictions, then it will usually send an official job offer letter, or at a minimum, make a call.
Notice of Ability To Return To Work and Medical Record
The Notice of Ability To Return To Work will state not only what work the physician deems appropriate, but also some other boilerplate language such as reminding the worker than she has an obligation to look for available employment, that proof of available employment may jeopardize the employee’s rights to the receipt of ongoing benefits, etc.
The insurers, upon receiving medical records indicating that the worker can work in some capacity, even with many limitations, must send this Notice, if it wishes to file a petition seeking to modify or suspend an employee’s benefits based on the doctor’s opinions. And, it must be sent promptly. What determines if the notice is sent promptly is determined on a case by case basis. If the insurer fails to send this document, the injured worker will be able to argue that any pending petition (i.e., a Petition to Modify or Suspend benefits) based upon the change in physician condition (i.e., the opinion by a doctor that she can now do certain kinds of work) should be dismissed.
How to Respond to PA Work Comp Notice of Ability To Return To Work?
What should an injured worker in Pennsylvania do when she receives a Notice of Ability To Return To Work? The best answer is speaking to an experienced Pennsylvania Work Comp Attorney as soon as possible to discuss the potential PA work comp settlement in the light of notice. This Notice usually means a Petition to reduce benefits is coming down the pike. You will need to speak to a work comp lawyer to analyze your case and to gather any evidence which may conflict with the allegations and opinions in the Notice of Ability To Return To Work.
Contact Cardamone!
For more info about a Notice of Ability to Return to Work, or Pennsylvania Work Comp Law in general, call Cardamone Law, the leading workers’ compensation firm in PA, 7 days a week at 215-206-9068 or email Michael@Cardamonelaw.com.
Injured working in a factory or warehouse in Scranton or Wilkes Barre, PA? Call the firm in Pennsylvania that ONLY handles work comp cases for injured workers- Cardamone Law! Comp? Cardamone!
The Scranton Wilkes Barre area is known for its scrappy, hard working people. Former Vice President Joe Biden is from Scranton. It’s the 6th largest city in Pennsylvania and the county seat for Lackawanna. For more info about Scranton, PA click here
Michael W. Cardamone, a well known Pennsylvania Work Comp Lawyer, and President of Cardamone Law, LLC, has been representing injured workers in Scranton/Wilkes Barre since 1999. Cardamone was named to the Best Attorneys in America and was President of the Top 100 National Advocates Lawyers.
If you need a Scranton PA Work Comp Lawyer, call Cardamone Law.
The IME Doctor says I am fine but I don’t feel recovered to get back to work. What are my options? This scenario happens frequently in Pennsylvania Workers’ Compensation cases. Why? Well, the insurer/employer is permitted an “Independent Medical Exam” every 6 months and they often send you to doctors who will have a propensity to opine that you’re recovered from the work-related injury and/or that any ongoing disability may be real but related to non- work related problems such as degenerative arthritis. A full recovery opinion will generate a Petition to Terminate your benefits and you’ll be in Court quickly.
Hire A Certified and Experienced PA Workers’ Compensation Attorney
First, make sure you retain an experienced, Certified PA Work Comp Lawyer. The Judges will tell you at the first hearing, if you’re not represented, that it’s HIGHLY recommended. It’s nearly impossible to litigate a case properly unless you’re an attorney. PA Workers’ Compensation has become quite complicated and technical. Moreover, it’s costly to obtain a doctor’s deposition which is necessary in most cases- let alone knowing how to take a deposition, knowing the rules of evidence, etc. It is, therefore, important to hire a knowledgeable PA workers’ compensation attorney to contest the statement made by the IME doctor in a workers’ compensation case.
Schedule an Appointment With Your Treating Doctor
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Another good idea to is schedule an appointment with your treating doctor. Take the IME report with you so your physician can review it and perhaps comment on it in their treatment notes. In this regard, your doctor make have different findings upon examination and we can utilize this to cross examine their expert when it comes time for a deposition.
Petition To Terminate in a PA Work Comp Case
You may receive a “Job Offer” letter from the employer if you’re still employed there. This can cause great anxiety as to whether to attempt the job or not. Speak to your attorney about this situation immediately upon receipt of any such letter.
A hearing will be scheduled after the Petition to Terminate is filed by the insurer/employer. The first stage of the case is called “Supersedeas” and you’ll need to speak to your PA Work Comp Attorney to determine what evidence you will submit at the first proceeding. This stage of the case is critical because if you lose then your checks stop or get reduced as the litigation unfolds over the next months thereafter.
Don’t Panic, Call Your Work Comp Attorney!
Most importantly, do NOT panic. Remember, a doctor’s opinion is just that- an Opinion. It’s not a fact. Only you know how you feel. But hopefully your treating doctor will be on your side. If he or she isn’t, then speak to your workers’ comp attorney about seeing a new physician immediately.
Call Cardamone Law 7 days a week at (215) 206-9068 or email Michael@CardamoneLaw.com
All We Do Is Workers Comp- and Only for Injured Workers. There are virtually no other firms with 100% dedication to PA Workers Compensation.
If you’re an injured worker who receives Pennsylvania Workers’ Comp benefits, at some point, the insurer may request a “vocational interview”. This begins the workers comp vocational assessment process whereby the insurer tries to establish an earning power. They must first confirm that the pre- injury employer cannot accommodate your restrictions, before undertaking the vocational assessment in a workers’ compensation case in Pennsylvania (sometimes referred to as a “Labor Market Survey” or “Earning Power Assessment”).
What is the purpose of Vocational Assessment?
The vocational interview tends to last about 45 minutes or so. I attend these with my clients to make sure the questions are appropriate and relevant. Then the expert tries to find jobs within the injured worker’s geographical region that fit within the vocational and physical abilities of the injured worker.
A report gets generated listing the specific jobs that are allegedly available. It lists the alleged earning power of the injured worker, and soon thereafter a Petition to Modify or Suspend benefits is filed- putting the case before a Workers’ Compensation Judge.
How To Tack Petition To Modify or Suspend Work Comp Benefits?
There are many ways to defend a Petition to Modify or Suspend benefits. Call or email me 7 days a week to discuss your case- no fees can be charged in any work comp case without a court order so there must be litigation or a settlement for a work comp attorney to get paid. In other words- you’ll get advice without having to send us any money. Call a Philadelphia Workers’ Comp Attorney at (215) 206-9068 or email at Michael@CardamoneLaw.com.
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5 Things to Remember About Workers’ Comp Vocational Assessments
Here are some things you should consider when dealing with workers comp vocational assessment:
- Avoid making thoughtless claims that could be used to revoke the work comp benefits
- Do not make exaggerated or overly optimistic statements to your vocational counselor
- Don’t let the vocational counselor mislead you, pay attention to what he is saying and respond carefully
- Always listen to your doctor, don’t rush back to work. It is important to get back to work as soon as you are ready but never put your health at risk
- Hire an experienced and knowledgeable workers’ compensation attorney to protect your work comp benefits
Lawyer Up! Contact Cardamone Law
The Workers’ Comp Vocational Assessment is a common way to challenge benefits. It is not a wise decision to fight the insurer alone. They are receiving legal advice from attorneys and you should too. Your loss of earning power may be significant and permanent and you won’t want to have your checks reduced merely because you failed to “lawyer up”. This area of the PA Work Comp Act is very technical and you will want a Certified PA Work Comp Specialist to maximize your chances at defending against a reduction in your weekly or bi-weekly checks.
