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Medicare Set-Aside Update
Charged with broad power to review workers’ compensation settlements, Medicare’s long reach continues to challenge practitioners seeking the final resolution of all compensation liability, inclusive of indemnity and medical benefits, for work-related injuries.
When to Issue a Notice of Ability to Return to Work
The Commonwealth Court has recently clarified several issues regarding the Notice of Ability to Return to Work, LIBC-757. In the case of Melmark Home v. WCAB (Rosenberg), No. 899 C.D. 2007, filed April 2, 2008, the Commonwealth Court dealt with the question of whether the Workers’ Compensation Judge (WCJ) and Board erred in concluding that an Employer was required by the Workers’ Compensation Act to issue a Notice of Ability to Return to Work form within 30 days of receiving medical evidence that the Claimant was capable of performing some work. In this case, the WCJ decided that notice must be given by the Insurer/Employer within 30 days of receipt of medical evidence that the Claimant was able to return to some type of employment. The Commonwealth Court rejected this interpretation, focusing instead on the purpose of providing the Notice of Ability to Return to Work, which is to make a Claimant aware of medical information regarding their physical capacity to work and the possible impact on their receipt of benefits.