The Pennsylvania Petition For Physical Examination Or Expert Interview of Employee (Section 314) is a petition filed by an employer in the state of Pennsylvania in order to obtain a physical examination or expert interview of an employee in order to determine if the employee is able to safely perform the duties of the job. This petition is made to the Pennsylvania Bureau of Workers’ Compensation (BWC). It may be used if an employee is claiming a disability or has asked for workers’ compensation benefits due to an injury or illness. The petition may be used to request a medical examination to determine the employee’s ability to work, an expert interview to evaluate the employee’s work status, or both. If the petition is approved, the BWC will arrange for a physical examination or expert interview of the employee to determine their current abilities. There are two types of Pennsylvania Petition For Physical Examination Or Expert Interview of Employee (Section 314): independent medical examination (IME) and expert interview. An IME involves a physical examination of the employee by an independent medical doctor, who will assess the employee’s medical condition and work capabilities. An expert interview typically includes a review of the employee’s medical records, an interview with the employee, and a discussion with the employer about the employee’s job duties.
Pennsylvania Petition For Physical Examination Or Expert Interview of Employee (Section 314)
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FAQ
The Claim Petition commences proceedings seeking a determination as to whether the claimant has a compensable injury and entitlement to benefits. Form LIBC-378 is a Section 413 Petition and the document utilized when an action implicating the workers' compensation award is initiated, in check-the-box format.
The proposed employer assessment factor is 0.0318. This factor, in concert with the proposed employer assessment procedure, is subject to approval by the Insurance Commissioner.
Section 314. (a) At any time after an injury the employe, if so requested by his employer, must submit himself at some reasonable time and place for a physical examination or expert interview by an appropriate health care provider or other expert, who shall be selected and paid for by the employer.
Under the Pennsylvania Workers' Compensation Act, injured workers are entitled to wage loss (?indemnity benefits?) based on the earnings at the time of injury. Generally speaking, indemnity benefits are calculated based on two-thirds (2/3) of your average weekly wage (?AWW?).
The Employer's Assessment Fee Is 0.0289 (2.89%)
The maximum amount of wage loss benefits is based on the Department of Labor and Industry's calculation of the statewide average weekly wage. For the calendar year 2023 the maximum weekly compensation rate is $1,273.00. This amount only applies if you sustain a work-related injury in 2023 that results in wage loss.
The Notice of Ability to Return to Work form is an advisory document. It will tell the injured worker that a doctor has released you to some form of modified duty or that you are fully recovered from your work injury.
Workers' Compensation is tax-free. In Pennsylvania, the weekly compensation rate amounts to 66% of the injured worker's average weekly wage if they earned between $810.76 and $1,621.50 prior to the injury. For workers who earn between $600.56 and $810.75, the weekly compensation rate is $540.50.