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Regardless of when, how, or why your employer stops payments, workers comp cannot stop paying without notice. Your employer or their insurer cannot stop paying you workers' compensation benefits without telling you.
If an employer chooses to reject the workers' compensation laws and an employee is injured, the employee may then file a claim or lawsuit against the employer for injuries; and the employer is denied the use of common law defenses, such as assumption of risk, contributory negligence, and negligence of a fellow employee
An insurance carrier may dispute a claim if it believes you were not injured in the course and scope of employment or if there are exceptions that allow the insurance carrier to not pay benefits.
You must file a Declaration of Readiness to Proceed to request a hearing. Your case will be scheduled for a hearing called a mandatory settlement conference (MSC).
When a workers compensation claim is denied, the employee can appeal the denial to state Worker's compensation Board.
Contact the Appeal Board at 717-783-7838 or RA-LI-WCAB@pa.gov.
Call OIEC at 866-393-6432 or go to the OIEC website for more information.
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.