As part of Pennsylvania’s on-going disaster declaration to address the spread of COVID-19, in alliance with the Governor’s objectives to mitigate the impacts of COVID-19 within the workers’ compensation system in Pennsylvania, Governor Tom Wolf has suspended portions of Section 413 of the Workers’ Compensation Act (77 P.S. §§ 774.2 and 774.3).
Section 413 allows a workers’ compensation carrier to suspend or modify a Claimant’s wage loss benefits when the employee has returned to work at prior or increased earnings. The carrier must mail the notification of suspension or modification to the employee and the department within seven days of the carrier suspending or modifying compensation.
The Act required the Affidavit on this form (LIBC-751) be notarized, but Governor Wolf’s order has now suspended this requirement. Carriers are permitted to manage their claims under the goals of the Act, without the requirement of a notarized Affidavit on the form. An employee’ right to challenge a carrier’s attempt change to their wage loss benefits remains unchanged.