When Can Your Employer Suspend Your Comp Benefits

Suspension of Workers’ Compensation benefits can only be done under specific circumstances

  • Indemnity (or wage loss) benefits may only be suspended under the following circumstances:Return to work with residual impairment and without loss of earnings.
  • Refusal to undergo reasonable medical treatment but only upon Order of the WCJ.
  • Refusal to comply with an Order for medical examination or vocational interview.
  • Incarceration after conviction.
  • Failure to complete and return appropriate verification forms.
  • Voluntary withdrawal from the labor market but only upon Order of the WCJ.

Cessation of compensation can be accomplished by an agreement to stop weekly wage loss benefits by signing a Final Receipt or Supplemental Agreement or by notification of suspension or modification upon return to work and the filing of appropriate forms, and by a Notice of Suspension for failure to return LIBC Form 760.

The burden of proof remains with the employer much like the burden for terminating benefits.

Bookmark and Share