Nothing in the Act or the Bureau Regulations can be interpreted to have required Employer to file a NSTC or NCD at the time it properly amended the 1st NTCP and contrary to Claimant’s assertion, we find that there is no conflict between Section 406.1 of the Act, and Bureau Regulation Section 121.71a. Claimant cites this Court’s decision in Gereyes v. Workers’ Compensation Appeal Board (New Knight, Inc.), 793 A.2d 1017 (Pa. Cmwlth. 2002), to support its contention that a reduction in the amount paid an employee pursuant to a NTCP constitutes a violation of the Act. Gereyes, however, is not applicable here as it did not involve the amendment or correction of a NTCP, but rather was a case in which the employer unilaterally reduced the amount of compensation being paid the employee after his return to work with a partial wage loss. 793 A.2d at 1021.

 

Other aspects deal with unreasonable contest, credibility determinations, and reasoned decision.  

 

http://www.pacourts.us/assets/opinions/Commonwealth/out/1068CD15_3-18-16.pdf?cb=1




Ready to Get Help?

Complete the short form below to get your FREE consultation.