Sch. Dist of Phila. v. WCAB (majority)Annotate this Case
The primary issue presented by this case for the Supreme Court's review centered on whether Section 306(b)(3) of the Workers’ Compensation Act (Act) required an employer to provide an injured employee with written “notice of ability to return to work” before offering alternative employment where the injured employee has not yet filed a claim petition and, thus, never proved entitlement to workers’ compensation benefits. The Court held that Section 306(b)(3) notice was required where the employer was seeking to modify existing workers’ compensation benefits based on medical evidence establishing that the injured employee was able to return to work in some capacity. Because the injured employee in this case had not yet received workers’ compensation benefits when the offer of alternative employment was rendered, the employer had no duty to provide notice of ability to work
pursuant to Section 306(b)(3).