An employer is not required to issue a notice of ability to return to work after a notice of denial has been issued and before a claim petition has been filed.

A Workers’ Compensation Judge granted a claim petition and awarded the claimant benefits. However, the Judge found that the claimant was entitled to benefits for a closed period. Therefore, he suspended the claimant’s benefits, finding that there was work available to the claimant which she was capable of performing despite her work injuries. On appeal, the Appeal Board reversed the Judge’s decision to suspend the claimant’s benefits.

The employer appealed to the Commonwealth Court, which reversed the decision of the Board. In doing so, the court accepted the employer’s argument that the claimant only established disability for a limited period of time. The court further held that the employer was not required to provide the claimant with a notice of ability to return to work during the time period after it issued a notice of denial, but before the claimant filed a claim petition, since the claimant was not receiving benefits at the time the alternate job offer was made and while no litigation was taking place.

Case Law Alerts, 2nd Quarter, April 2014