In my workers’ compensation practice, a question I get asked often relates to a form received by an injured worker, title Notice of Ability to Return to Work (NAB to RTW). The questions always relate to the injured workers responsibilities after receiving this document.
The NAB to RTW is issued to the injured worker by the workers comp insurance carrier, pursuant to the statute 306(b)(3). The logic behind the requirement is that the employer must share information with the employee about the employee’s ability to work in some capacity.
It must be based on a medical opinion. Usually, the form is issued in regards to your ability to return to work based upon a medical opinion of the Independent Medical Examination (IME) you attended. However, it may also be based on a full duty release or light duty restrictions provided by your treating medical provider. If it is based on the IME you attended, more than likely, the IME doctor has said you are fully recovered or has issued work restrictions that differ from your treating doctor.
So what should an injured worker do upon receipt of the NAB to RTW? First, you should anticipate the commencement of litigation. Contact Mooney & Associates immediately at 1-877-632-4656 to protect your benefits. In essence, the insurance carrier is beginning to take action against your benefits. The NAB to RTW is the beginning of the vocational process in which your Employer will provide a job offer within the restrictions provided or to prove earning capacity by starting the vocation interview process and ultimately a labor market survey to refer you to available jobs elsewhere. What does that all really mean? The process is underway to begin the attempt to modify, suspend, or terminate your workers compensation benefits. That is precisely why it is imperative to immediately contact Mooney & Associates.
Don’t take these notices lightly. Protect your benefits. Call us right away at 1-800-632-4656 to set up a free consultation. You can also email me direct at [email protected] with any inquiries.
Mooney & Associates provides legal services in Personal Injury, Family Law, Criminal Law, Business Law, Real Estate, Estates and Wills, Unemployment Compensation Appeals, and Civil Litigation. We provide services to Adams County, Cumberland County, Franklin County, York County, Perry County, Dauphin County, and Fulton County in Pennsylvania.