Pennsylvania Notice of Workers' Compensation Denial

State:
Pennsylvania
Control #:
PA-SKU-4563
Format:
PDF
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Description

Notice of Workers' Compensation Denial

The Pennsylvania Notice of Workers' Compensation Denial is a notification issued by the Pennsylvania Department of Labor and Industry to an employee who has filed a workers' compensation claim. This notice informs the employee of the reasons why their claim was denied and provides them with the legal recourse they may take to appeal the denial. The Pennsylvania Notice of Workers' Compensation Denial includes the employee's name, the date of the denial, the reason for the denial, and the statute or regulations related to the denial. There are two types of Pennsylvania Notice of Workers' Compensation Denial: initial denial and reconsideration denial. An initial denial is issued when the Department of Labor and Industry determines that an employee is not eligible for workers' compensation benefits due to the statute or regulations related to the claim. A reconsideration denial is issued when the Department of Labor and Industry reviews a denied claim and reaffirms the denial.

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FAQ

SECTION 306 (f.1)(1)(i) The employer shall provide payment in ance with this section for reasonable surgical and medical services, services rendered by physicians or other health care providers, including an additional opinion when invasive surgery may be necessary, medicines and supplies, as and when needed.

Section 311 of the Pennsylvania Workers' Compensation Act provides that notice of a work injury must be given to an employer within 120 days or it is barred.

In Pennsylvania, the 90-day rule states that injured workers must initially see "panel physicians??a list of pre-approved doctors posted by the employer?within 90 days of their workplace injury to receive compensation. If they see a different doctor, workers' compensation won't necessarily have to cover the cost.

If you have received a Notice of Suspension of Benefits while on workers' compensation, do not hesitate to contact a lawyer right away. If you do not take action immediately, your wage loss checks will stop. A Notice of Suspension of Benefits means that your employer filed a petition to suspend your wage loss benefits.

Petition for Reconsideration. An employee may file this appeal with the Workers' Compensation Appeals Board (WCAB) to request a review of the decision made by the claims administrator or insurance carrier. This petition must be filed within one year of the date of denial.

Workers' comp cannot stop paying without notice. ing to the Pennsylvania Department of Labor & Industry (DLI), the insurer responsible for issuing workers' compensation payments must notify the injured party that their benefits have been terminated.

» Frequently Asked Questions » Can An Employee Be Fired While On Workers' Compensation? Pennsylvania law allows employers to fire or lay off workers while they have an open workers' compensation claim, but the employer must have a reason that shows they are not retaliating for the injury claim.

During adjudication, your claim is temporarily suspended until the issues can be resolved by obtaining information from your employer or from you. Additional information may be needed to clear up missing or conflicting information.

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Pennsylvania Notice of Workers' Compensation Denial