William J. Church v. WCAB (Wayne Cook t/a Cook Landscaping and Fleming Termite and Pest Control); 1068 C.D. 2015; filed March 18, 2016; by Senior Judge Colins

An employer is not required to file a Notice Stopping Temporary Compensation and Denial when it seeks to revise a notice of temporary compensation payable by filing an amended TNCP.

On appeal to the Commonwealth Court, the claimant argued that the First Notice of Temporary Compensation Payable (NTCP) was in effect a separate NTCP that should have been deemed to be converted to a Notice of Compensation Payable (NCP) because the employer did not file a separate Notice Stopping Temporary Compensation and Denial. The court rejected this argument and held that there was nothing in the Act or the Bureau regulations that could be interpreted to require the employer to file a Notice Stopping Temporary Compensation or NCP at the time it properly amended the First NTCP. The First NTCP was simply properly amended by the second NTCP, and, thus, there was no conversion of the first NTCP to an NCP.

Case Law Alerts, 3rd Quarter, July 2016

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