COVID-19 Resource Center

May 27, 2008

Commonwealth Court Discusses “Prompt" Requirement For Notice Of Ability To Return To Work

The Commonwealth Court clarified the “prompt written notice” requirement regarding a change in a claimant’s medical condition prior to pursing a modification of benefits. “Prompt written notice” is not defined by the Act. Notice given more than thirty days after the employer receives relevant medical evidence does not necessarily violate Section 306(b)(3) of the Act, but each analysis is fact dependent. 

What It Means to You

There is no specific time limit regarding when a Notice of Ability to Return to Work form must be issued, but the impact upon claimant must be taken into consideration in order to address whether notice was “prompt”. Contact a C&W attorney to determine the best strategy for issuing a Notice of Ability to Return to Work subsequent to receipt of medical notice that claimant has been released to gainful employment.


Melmark Home v. WCAB (Rosenberg), 2008 WL 859705 (Pa. Cmwlth. 2008)