Legal Question in Workers Comp in Pennsylvania

When is a Notice of Temporary Compensation Payable in effect? From the first compensated date for wage-loss? Or from the date of the notice? My first compensated date was 12/29/11, but the notice wasn't dated until 01/06/12, and I hadn't received the notice until a few days after that time. I haven't received a denial or anything stopping my wage-loss and 90 days is either up, or will be sometime next week, and I haven't even received all my compensation within that 90 days. I should have had a check the end of last week or the beginning of this one but did not. Claim is in Pennsylvania. Thanks.


Asked on 3/30/12, 6:52 am

3 Answers from Attorneys
Drew Quinones Drew Quinones, P.C.

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Answered on 3/30/12, 7:16 am
Terence Sean McGraw Warren & McGraw, LLC

The insurer has 21 days to investigate your claim and decide whether to deny it or issue payment. So, the notice was timely. As the "Notice to Employer portion" of the form states, the 90 days begins on the first date of disability. That is ordinarily the day after your last day of work (even if that is a Saturday, Sunday or holiday.)

Wait until the 90 days have elapsed before you call about the late money. You do not want to do anything to inspire the issuance of a denial before the 90 days elapses.If you are unable to adjust your problems on your own, consult a workers' compensation attorney. Try to address your problems first. And if you consult an attorney ask them to try to fix the isue with a letter first. If the lawyer files a petition, you will wind up paying a 20% fee on your future compensation.

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Answered on 3/30/12, 10:34 am


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