What is a Notice of Ability to Return to Work Form in PA Workers’ Comp?

When you receive the Notice of Ability to Return to Work, it usually means that a doctor has released you to do work on a modified or light duty basis. Which doctor the form comes from is an important consideration in determining what to do with the Notice. The Notice of Ability to Return to Work does not necessarily mean you must go back to work. Only if your employer offers you work within the medical restrictions attached to the Notice, do you have to respond. The Notice of light duty restrictions alone does not impact your entitlement to wage loss benefits. Many times the source of the medical opinion that you are ready to return to work is the insurance company doctor who has performed an “independent” medical examination (IME).

The Notice, also called the Section 306(b)(3) Notice, must inform the worker with the following information:

  • the nature of the worker’s physical condition or change in condition;
  • the work restrictions, if any (modified/light duty, hours per day work can be done);
  • that the injured worker has an obligation to return to work or look for available employment;
  • that proof of available employment that a worker turned down may jeopardize the injured worker’s right to receive ongoing or future benefits;
  • and that the injured worker has the right to consult an attorney.

Before a workers’ compensation insurance company can release a worker to return to work for modified duty or file a Petition to Terminate, Modify or Suspend Compensation Benefits, a Notice of Ability to Return to Work form must be issued. If a worker feels that he is unable to work within the guidelines of the Notice of Ability to Work at the time it is received, he should consult with his own doctor for a second evaluation and consult with an attorney regarding the legal considerations of what to do to protect their interest in response to the notice. It is better to be prepared then to pay catch up with tight time constraints in responding to job offers from the employer or Judge’s request for contrary medical opinions. In short, it is merely a form that advises you of some doctors current restrictions. However, it may be used against you in a number of ways.