In a recent Commonwealth Court case examining the insurance companies’ requirement to provide injured workers’ with Notice of Ability to Return to Work, the court held that as a condition that must be met before an Earning Power Assessment can be made, the employer is required to give workers “prompt written notice” of his release to return to work. Although the precise time is not set forth in the revised Act 57 changes to Workers’ Compensation, the court found that the criteria for reasonableness of the timely notice would be made on a case by case basis. In the case involving a registered nurse who had injured her back in 2004, the Court found that notification 5 months after a medical examination by a company designated physician was too long to wait. Without setting forth a specific time deadline, however, the Court did state that notification within one month would have been satisfactory.
Claimant’s who are currently receiving compensation benefits can expect to receive these forms after being examined by a company physician, but also after a treating doctor gives an opinion of the ability to return to modified employment. Injured workers would be best served by contacting a competent workers’ compensation attorney to discuss these kinds of changes whenever they receive such a form.