Section 774.3 - Modification of compensation payments Notwithstanding any provision of this act, an insurer May modify the compensation payments made during the time the employe has returned to work at earnings less than the employe earned at the time of the work-related injury, upon written notification of modification by the insurer to the employe and the department, on a form prescribed by the department for this purpose. The notification of modification shall include a verification by the insurer that compensation has been modified because the employe has returned to work at lesser earnings. The insurer must mail the notification of modification to the employe and the department within seven days of the insurer's modifying compensation.
(1) If the employe contests the averments of the insurer's verification, a special supersedeas hearing before a workers' compensation judge May be requested by the employe indicating by a checkoff on the notification form that the modification of benefits is being challenged and filing the notification of challenge with the department within twenty days of receipt of the notification of modification from the insurer. The special supersedeas hearing shall be held within twenty-one days of the employe's filing of the notification of challenge.(2) If the employe does not challenge the insurer's notification of modification within twenty days under paragraph (1), the employe shall be deemed to have admitted to the return to work and receipt of wages at lesser earnings as alleged by the insurer. The insurer's notification of modification shall be deemed to have the same binding effect as a fully executed supplemental agreement for the modification of benefits.Amended by P.L. TBD 2021 No. 95, § 1, eff. 2/20/2022.1915, June 2, P.L. 736, No. 338, § 413(d), added 1996, June 24, P.L. 350, No. 57, § 16, effective in 60 days.