School District of Philadelphia v. Workers' Compensation Appeal Board

OPINION

Justice BAER.

The primary issue in this appeal is whether Section 306(b)(3) of the Workers’ Compensation Act (Act) 1 requires 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, has never proven entitlement to workers’ compensation benefits. We hold that Section 306(b)(3) notice is required where the employer is seeking to modify existing workers’ compensation benefits based on medical evidence establishing that the injured employee is…