Under Section 406 of the Pennsylvania Workers’ Compensation Act, if an employer is uncertain whether a claim is compensable or uncertain of the extent of liability, they can initiate compensation payments without prejudice and without admitting liability pursuant to a Notice of Temporary Compensation Payable (“NTCP”) on a form as prescribed by the Pennsylvania Department of Labor and Industry.
This is a common occurrence as the Pennsylvania Workers’ Compensation Act only gives the employer/insurer 21 day to accept, deny, or temporarily accept a claim- and it can take some time to investigate. The NTCP entitles claimant (the injured worker) to a maximum of ninety days of compensation.
It is important to note that the NTCP does not mean the employer is accepting responsibility for the work-related injury. It can revoke the NTCP by issuing a Notice Stopping and a Notice of Denial during the 90 day period as long as they are filed no later than five days after the last payment. If the employer does not file the Notice within the ninety day period during which temporary compensation is paid or payable, the employer shall be deemed to have admitted liability and the notice of temporary compensation payable shall be converted to a notice of compensation payable. A Notice of Compensation Payable is a document, similar to a NTCP, but which accepts liability for a work injury, whether for medical benefits alone, or medical and wage loss benefits. With the conversion, an NCP isn’t issued- it’s just that the original NTCP converts by operation of law. Therefore, it is important to keep track of the timeline- and it is recommended that an injured worker seek legal guidance as the rules are quite technical in this regard. At Cardamone Law, LLC, we’ve been successful in getting claims coverted from a Notice of Temporary Comp Payable to a regular Notice of Compensation Payable, but holding the insurer accountable for breaching the deadline. This makes a huge impact on the value of the case.
If a Notice Stopping is filed, it is very important to get a consult immediately with an experienced PA Work Comp Attorney so that the proper petition can be filed to pursue the benefits in response. Even if a Notice Stopping isn’t filed, you will want your case analyzed to make sure the proper diagnoses are recognized by the insurer/employer. It is very common for the employer/insurer to accept a “strain” or a “contusion” when the injuries are frequently much more serious. The unilateral nature of the NCP or NTCP is frustrating as adjustors don’t often recognize the full extent of injury.
If you have received a Notice of Temporary Compensation Payable, or a Notice Stopping, a Notice of Denial, or a Notice of Compensation Payable, fee free to contact Certified Work Comp Attorney, Michael W. Cardamone 7 days a week at Cardamone Law, LLC at (215) 206-9068 for a free consult or email Michael@CardamoneLaw.com These documents can be confusing and Attorney Cardamone will be happy to explain them and apply them to your situation.
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