§ 131.50. Return to work—modification or suspension.

 (a)  If an employee returns to work, the insurer may modify or suspend the workers’ compensation benefits.

 (b)  The insurer shall complete and file the form prescribed by the Department. The form shall be provided to the employee, employee’s counsel, if known, and the Department within 7 days of the effective date of the suspension or modification of the workers’ compensation benefits.

 (c)  When the insurer previously modified or suspended the employee’s benefits under sections 413(c) or 413(d) of the act (77 P. S. § §  774.2 and 774.3), to effectuate a subsequent modification or suspension of the employee’s workers’ compensation benefits, the insurer shall file the form specified in subsection (b), indicating the change in the employee’s wages and corresponding change in the employee’s workers’ compensation benefits.

 (d)  Subsections (a)—(c) supersede 1 Pa. Code §  33.33 (relating to effect of service upon an attorney).

Authority

   The provisions of this §  131.50 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P. S. § §  710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P. S. §  565); and section 414 of The Pennsylvania Occupational Disease Act (77 P. S. §  1514).

Source

   The provisions of this §  131.50 adopted January 16, 1998, effective January 17, 1998, 28 Pa.B. 329; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial page (345993).

Notes of Decisions

   Reinstatement of Benefits

   If the WCJ fails to hold a hearing within 21 days or fails to issue a written order approving suspension or modification of benefits within 14 days of the hearing, the insurer shall reinstate benefits; however, employee only entitled to receive partial disability benefits to avoid being paid more than he earned at his time-of-injury job, a violation of the Workers’ Compensation Act. Donahue v. W.C.A.B. (Phila. Gas Works), 856 A.2d 230, 235—236 (Pa. Cmwlth. 2004).



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