Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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34 Pa. Code § 121.7. Notice of compensation payable.

§ 121.7. Notice of compensation payable.

 (a)  If an employer files a Notice of Compensation Payable, Form LIBC-495, the employer shall do all of the following simultaneously and no later than 21 days from the date the employer had notice or knowledge of the disability:

   (1)  Send the Notice of Compensation Payable, Form LIBC-495, to the employee or the employee’s dependent.

   (2)  Pay compensation to the employee or to the employee’s dependent.

   (3)  File the Notice of Compensation Payable, Form LIBC-495, with the Bureau.

 (b)  A Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, shall be filed with every Notice of Compensation Payable, Form LIBC-495, except a Statement of Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, may not be filed with either of the following:

   (1)  An estimated Notice of Compensation Payable, Form LIBC-495, filed under subsection (c).

   (2)  A Notice of Compensation Payable, Form LIBC-495, filed under subsection (e).

 (c)  The employer may file a Notice of Compensation Payable, Form LIBC-495, based upon the employee’s estimated wages if the employer has not obtained the wages necessary to properly calculate the employee’s compensation payable. The estimated Notice of Compensation Payable, Form LIBC-495, shall be clearly identified as ‘‘Estimated.’’

 (d)  If the estimated wages or compensation is not correct, the employer shall amend the estimated Notice of Compensation Payable, Form LIBC-495, upon receipt of the employee’s actual wages in one of the following ways:

   (1)  Amendments resulting in an increase in the employee’s wage or compensation shall be filed with the Bureau under §  121.12 (relating to Bureau review of agreements and notices of compensation payable), and shall be clearly identified as ‘‘Amended’’ and may have only the insurer’s signature.

   (2)  The employer shall file a Supplemental Agreement for Compensation for Disability or Permanent Injury, Form LIBC-337, under §  121.17 (relating to change in compensation) when there are changes resulting in a decrease in the employee’s wage or compensation.

 (e)  In medical only cases, when an employee’s injury has not resulted in lost time from work, an employer may file a Notice of Compensation Payable, Form LIBC-495.

Source

   The provisions of this §  121.7 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately prececding text appears at serial page (255593).



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