§ 121.17. Change in compensation.
(a) If an injured employee has recovered from an injury, or a deceased employee’s dependent or personal representative is no longer eligible to receive death benefits, an Agreement to Stop Weekly Workers’ Compensation Payments (Final Receipt), Form LIBC-340, may be executed by the parties. The executed agreement shall be filed with the Bureau.
(b) Termination, suspension, modification or other change in compensation may be accomplished by filing with the Bureau a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337. A Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, may be used to change an Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336, a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, an Agreement for Compensation for Death, Form LIBC-338, a Notice of Compensation Payable, Form LIBC-495, or an award. A Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, shall be completed before being signed by the employer and the employee. The completed Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, shall be sent to the employee or his dependents and filed with the Bureau.
(c) A suspension or modification of compensation may be accomplished by the employer mailing a Notification of Suspension or Modification Pursuant to § § 413 (c) and (d), Form LIBC-751, to the Bureau and the employee. The wage calculation on the Notification of Suspension or Modification Pursuant to § § 413 (c) and (d), Form LIBC-751, shall be completed for a modification.
(d) If temporary payments made under § 121.7a (relating to notice of temporary compensation payable) are stopped, the employer shall file one of the following:
(1) A Notice Stopping Temporary Compensation, Form LIBC-502, and a Notice of Workers’ Compensation Denial, Form LIBC-496, within 5 days of the last payment and within the 90-day temporary compensation payable period.
(2) A Notice of Compensation Payable, Form LIBC-495.
(3) An Agreement for Compensation for Disability or Permanent Injury, Form LIBC-336.
(e) The employer may not file a Notification of Suspension or Modification Pursuant to § § 413 (c) and (d), Form LIBC-751, to stop temporary payments made under § 121.7a.
(f) If termination, suspension or modification of compensation cannot be achieved through subsection (a), (b), (c) or (d), the employer may file a Petition To: Terminate (stop payment of worker’s compensation), Terminate (based upon physician’s affidavit, a special supersedeas hearing to be scheduled), Modify or Suspend Compensation Benefits, Form LIBC-378.
Source The provisions of this § 121.17 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305089) to (305090).
Notes of Decisions Criminal Conduct
Claimant’s criminal conduct which resulted in her termination from a modified-duty position shifted the burden to claimant to show a worsening of her medical condition to the point she no longer could have performed the modified-duty. Saint Luke’s Hospital v. W.C.A.B. (Ingle), 823 A.2d 277 (Pa.Cmwlth. 2003). Since claimant made no such showing, her petitiion for reinstatement of total disability benefits should have been denied. Id. at 283.
Discharge Unrelated to Work Injuries
Claimant not entitled to workers’ compensation benefits since he was discharged from his employment due to his involvement in a fatal vehicle accident, and not for reasons related to his work injuries. Hurst v. Workers’ Compensation Appeall Board (Preston Trucking Co.), 823 A.2d 1052, 1061 (Pa. Cmwlth. 2003).
Insurer’s Duty
An insurer has an affirmative duty to know that the requirements for a final receipt have been met in order for the receipt to be lawfully prepared and presented to the claimant. Where the insurer has no basis to conclude that a claimant is fully recovered—only that the claimant can return to work without restrictions—presentation to the claimant of a final receipt constitutes fraud sufficient to set aside the final receipt. Cooney v. Workers’ Compensation Appeal Board (St. Joseph’s Center), 776 A.2d 1046 (Pa. Cmwlth. 2001).
Meretricious Relationship
To establish basis for termination of workers’ compensation benefits on ground that widow or widower entered into meretricious relationship, employer must establish more than just cohabitation with another person; employer has burden of establishing, through direct evidence, existence of carnal relationship. Anthony v. W.C.A.B. (Anderson Box Co., Inc.), 823 A.2d 1046, 1050-51 (Pa. Cmwlth. 2003); appeal dismissed 854 A.2d 424 (Pa. 2004).
Cross References This section cited in 34 Pa. Code § 121.8 (relating to agreements for compensation for disability or permanent injury); 34 Pa. Code § 121.9 (relating to agreements for compensation for death); and 34 Pa. Code § 121.12 (relating to bureau review of agreements and notices of compensation payable).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
