I was injured on 12/17/2011 with a Herniated Disc in L4-L5. I promptly reported the pain I was experiencing to my boss. My worker's compensation insurance put me on a Notice of Temporary Compensation Payable, and I received my first compensated date of 12/29/11. The notice was dated for 01/06/12. First question: Is the 90 days effective from my first compensated date of 12/29/11, or from the notice 01/06/12? Secondly, I have only received 5 checks for wage-l0ss. My last check was from 02/26/12-03/10/12. I should have ( and was expecting) to receive one more check this week, which usually they come on Monday or Tuesday. I did not receive such a check and none was posted to my claim center which I can view online when checks are dated and posted. Shouldn't I have received one? If the 90 days is over since 12/29/11, today would be the 90th day. If it's 1/6/12 then that would be sometime next week. What happens next? I read somewhere that in PA if an employer or their WC insurance does not issue a Notice of Denial or a Notice for stopping wage-loss, my claim is automatically accepted and I should be receiving wage loss supplement. I'm just concerned because my claims adjuster is darn near impossible to get ahold of via email or telephone, and I'm going on 3 weeks without income and it's going to put me in a hole soon. When is it time to get in touch with an attorney over the matter? Thank you. --Ryan
4 Answers from Attorneys
Please give me a call to discuss further. I specialize in worker's compensation cases for over 30 years.
The timing surrounding whether your claim is accepted or denied on a Notice of Temporary Compensation Payable is imperative to your continued receipt of benefits. Call me at 215 885 4701 for a free consultation.
You need the advice of an attorney that handles workers compensation cases. Call me as soon as possible to discuss your options.
Under the PA Workers’ Compensation Act, a Notice of Temporary Compensation Payable (NTCP) is issued after a work injury, when the workers’ compensation insurance carrier is unsure whether an injury occurred or the injured worker is disabled, and needs more time to investigate. When an NTCP is issued, the insurance company begins payment of workers’ compensation benefits. However, after further investigation, that could change. The insurance company has 90 days to continue their investigation. The 90 days is 90 days of disability-90 days of compensation. Weekends are days for counting to the 90. During that 90 days, the insurer can change their mind and stop the payment of benefits by filing a Notice of Denial and Notice Stopping Temporary Compensation Payable. If the injured worker disagrees with this decision, you can file a claim petition. Whethe you shouuld file a Claim Petition before the Notice of Temporary Compesation expires requires consulation with an experienced workers’ comp attorney. If after 90 days a Notice of Denial and Notice Stopping Temporary Compensation is not sent to you, the NTCP automatically changes to a real Notice of Compebsation Payable and the insurance company continues to pay workers’ compensation benefits until one of these events happens. In reality, the NTCP is used to lull the injured worker into a false sense of security. In reality, it is NOT an admission of a work injury and are often revoked for no good reason. Often they are revoked just because the injured work returns to work or the doctors change the diagnosis from a lumbar strain to a herniated lumbar disc. There are things you should avoid so as to not provke the issuance of the Notice Stopping Temporary Compensation and there are things you should do to increase the odds it will not be revoked.
If you have questions regarding your workers’ compensation benefits, it is important that you have an experienced Pennsylvania (PA) workers’ compensation attorney on your side. Call for free legal advice at Calhoon & Associates at 877-291-9675, for more information or check out http://www.pa-workers-comp-lawyers.com/what-is-a-notice-of-temporary-compensation-payable