Workers’ Compensation Act Section 413 Suspension



On April 1, 2020, as part of Pennsylvania’s ongoing response to the unprecedented novel COVID-19 (coronavirus) global pandemic, Governor Wolf suspended portions of the Workers’ Compensation Act.

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One of these suspensions dealt with Section 413 of the Workers’ Compensation Act. Effectively, Governor Wolf allowed employer’s or insurance companies to unilaterally suspend your weekly wage loss benefits without a notarized affidavit from the insurance company that you have returned to work without a wage loss.Previously, in order to suspend your benefits, the insurance company would be required to produce a notarized affidavit stating that you have returned to work without a wage loss. Currently, they do not need such an affidavit.What does this mean for you?

First, if you are currently receiving weekly wage benefits and you receive any communication from either the Department of Labor, Bureau of Workers’ Compensation, or your employer’s insurance company, it is a good idea to call your attorney right away.

Second, if you believe that your wage benefits have been stopped or suspended improperly – for example, you tried to return to work for a few days but were unable to continue working and now you’re not receiving your wage benefits – call your attorney right away. You may have a very limited period of time to respond and challenge the allegations of the insurance company.

This global pandemic is affecting all of us, and everything is changing rapidly. Continue to check our website for updated information, and as always if you ever have any question you can always reach us by telephone.