H1837B2203A02899 DMS:EJH 11/08/21 #90 A02899
AMENDMENTS TO HOUSE BILL NO. 1837
Sponsor: SENATOR BARTOLOTTA
Printer's No. 2203
Amend Bill, page 1, line 7, by inserting after "for"
modifications, reinstatements, suspensions and terminations and
for
Amend Bill, page 1, lines 10 through 12, by striking out all
of said lines and inserting
Section 1. Sections 413(c) and (d) and 449(c) of the act of
June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, are amended to read:
Section 413. * * *
(c) Notwithstanding any provision of this act, an insurer
may suspend the compensation during the time the employe has
returned to work at his prior or increased earnings upon written
notification of suspension by the insurer to the employe and the
department, on a form prescribed by the department for this
purpose. The notification of suspension shall include [an
affidavit] a verification by the insurer that compensation has
been suspended because the employe has returned to work at prior
or increased earnings. The insurer must mail the notification of
suspension to the employe and the department within seven days
of the insurer suspending compensation.
(1) If the employe contests the averments of the insurer's
[affidavit] verification, a special supersedeas hearing before a
workers' compensation judge may be requested by the employe
indicating by a checkoff on the notification form that the
suspension of benefits is being challenged and filing the
notification of challenge with the department within twenty days
of receipt of the notification of suspension from the insurer.
The special supersedeas hearing shall be held within twenty-one
days of the employe's filing of the notification of challenge.
(2) If the employe does not challenge the insurer's
notification of suspension within twenty days under paragraph
(1), the employe shall be deemed to have admitted to the return
to work and receipt of wages at prior or increased earnings. The
insurer's notification of suspension shall be deemed to have the
same binding effect as a fully executed supplemental agreement
for the suspension of benefits.
(d) Notwithstanding any provision of this act, an insurer
2021/90DMS/HB1837A02899 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
may modify the compensation payments made during the time the
employe has returned to work at earnings less than the employe
earned at the time of the work-related injury, upon written
notification of modification by the insurer to the employe and
the department, on a form prescribed by the department for this
purpose. The notification of modification shall include [an
affidavit] a verification by the insurer that compensation has
been modified because the employe has returned to work at lesser
earnings. The insurer must mail the notification of modification
to the employe and the department within seven days of the
insurer's modifying compensation.
(1) If the employe contests the averments of the insurer's
[affidavit] verification, a special supersedeas hearing before a
workers' compensation judge may be requested by the employe
indicating by a checkoff on the notification form that the
modification of benefits is being challenged and filing the
notification of challenge with the department within twenty days
of receipt of the notification of modification from the insurer.
The special supersedeas hearing shall be held within twenty-one
days of the employe's filing of the notification of challenge.
(2) If the employe does not challenge the insurer's
notification of modification within twenty days under paragraph
(1), the employe shall be deemed to have admitted to the return
to work and receipt of wages at lesser earnings as alleged by
the insurer. The insurer's notification of modification shall be
deemed to have the same binding effect as a fully executed
supplemental agreement for the modification of benefits.
2021/90DMS/HB1837A02899 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27