What’s In A “Notice of Ability To Work”?

 

The “Notice of Ability To Work”, as the name implies, is a notice served to the injured worker when the insurer, insurance administrator, or employer receives medical evidence that the employer is capable of returning to work. The notice carries medical information or proof indicating that the injured worker has restored the ability to get back to work, in some capacity.

It is required by Section 306(b)(3) of the Pennsylvania Workers’ Compensation Act.

But ‘Notice of Ability To Work’ is just a notice. It doesn’t mean that the employee has to return to work even if they don’t feel physically capable of joining the rigors of daily work.

Here’s what a Notice of Ability To Work looks like …

 

Source: https://www.dli.pa.gov/Businesses/Compensation/WC/claims/wcais/Documents/wcais%20forms/LIBC-757%20int.pdf

Let’s break down and see what goes into this notice for injured workers in Pennsylvania.

PA Injured Workers’ Detail:

 

The first thing the document includes in detail is to identify the injured worker. This information includes name, date of birth, complete address, telephone number, and employee’s social security number.

Employer and Insurer Details:

 

The next section on the form involves details of the employer and insurer or third-party insurance administrator. This part also covers some crucial information such as the Date of Injury and insurance claim details.

 

Date of Notice:

The date on which the notice was issued to the injured worker as per Pennsylvania Workers’ Compensation Act.

Medical Evidence:

 

The medical evidence is the most crucial part of the notice. It indicates the reason the insurer or employer feels the injured worker is deemed fit to return to the work. However, if the employee does feel capable of getting back to work, they can dispute the Notice of Ability To Work. Contact your workers’ comp lawyer in Pennsylvania to discuss how to file a dispute and gather evidence to counter the medical information provided by the insurer or employer.

You Should Know:

 

The last but in no way least, You Should Also Know section covers all the important aspects of the notice. It says:

·         You have an obligation to look for available employment

·         Proof of available employment may jeopardize your right to receive on-going benefits

·         You have the right to consult with an attorney in order to obtain evidence to challenge the insurer’s contribution.

Also, the warning at the bottom of the form that reads: “Any individual filing misleading or incomplete information knowingly and with the intent to defraud is in violation of Section 1102 of the Pennsylvania Workers’ Compensation Act, 77 P.S.§1039.2, and may also be subject to criminal and civil penalties under 18 Pa. C.S.A. §4117 (relating to insurance fraud).”

If you need more information about the Notice of Ability To Return To Work or want to discuss the Pennsylvania Work Comp benefits with an attorney, feel free to contact Pennsylvania’s best work comp lawyer, Michael Cardamone at 215-206-9068 or email michael@cardamonelaw.com.