Yes. While receiving PA workers’ compensation benefits, you may attend school or some other form of retraining, usually offered by the Office of Vocational Rehabilitation. While attending school, workers’ compensation should consider your class schedule when making any job offers or conducting a Labor Market Survey. If your class schedule is not accommodated, your workers’ compensation benefits may not be modified or suspended, as the position is not considered within your work capabilities. The courts have stated that “whether a position will accommodate a claimant’s college retraining under the Vocational Rehabilitation Act is a relevant consideration in determining whether the position is available to the claimant.” Every case is different and you should consult with an attorney as whether your class schedule can be used a shield against a labor market survey modification of your benefits, to timing of school, OVR grants, and timing of workers’ comp settlement as it relates to attending school or college.
