Last month, in the matter of School District of Philadelphia v. Workers’ Compensation Appeal Board (Hilton), No. 34 EAP 2014, the Supreme Court of Pennsylvania addressed the employers’ notice requirement of Section 306(b)(3) of the Workers’ Compensation Act as it pertains to a denied claim. The purpose of Section 306(b)(3) is to compel the employer to share with the injured worker any new medical information about a claimant’s physical capacity to work and its possible impact on existing benefits so a claimant will be put on notice that there was a physical change in his or her condition that obligated the claimant to look for available work.
The language of Section 306(b)(3) is relatively straightforward. It 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:
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