Issuing Supplemental Agreements during a period that the claimant is receiving benefits pursuant to a Notice of Temporary Compensation Payable is not an admission of liability for the alleged work injury.

The Commonwealth Court agreed with the employer that issuing Supplemental Agreements during the time the employer was paying temporary benefits to the claimant was not an admission of liability. According to the court, the agreements were filed merely to document a change in benefits, based on a return to work. Additionally, the court held that the employer was not bound by the injury descriptions contained in the agreements. The court further held that the Appeal Board was wrong to conclude that, because the two agreements were filed after the Notice of Temporary Compensation Payable, the Notice of Temporary Compensation Payable converted to a Notice of Compensation Payable. The court concluded that the employer had retained all of its rights and defenses with respect to the underlying claim by timely filing the Notice of Temporary Compensation Payable and Notice of Compensation. Finally, the court found that there was substantial evidence to support the workers’ compensation judge’s termination of benefits.

_{Case Law Alerts, 1st Quarter, January 2019}

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