One topic in workers’ compensation law that comes up frequently these days, and certainly in this column in various forms, is the notice of temporary compensation payable (NTCP). The use of the NTCP has been so abused, that it is essentially the only “accepting” document that is ever filed anymore. The document was originally introduced into the practice to enable an employer to contest truly questionable claims. Now the truly questionable claims are just denied and the cases with no defense are acknowledged with an NTCP if one is lucky, and more often with a medical only notice of temporary compensation payable (with an under-recognized injury, at that), which is almost not worth the paper on which it is printed. Of course, the abuse of the NTCP is simply a way for the insurer to retain the right to revoke the claim for any reason, or no reason at all, within the fist 90 days.

Given the frequency with which the NTCP is used, it is important to remain current on the law in terms of under what circumstances an NTCP converts into a permanent claim. This is such a fundamental issue given the substantial benefits of having the NTCP convert. It is always easier and quicker to argue over filing dates, receipts, WCAIS entries and payments rather than being forced to prove the merits of a contested claim. A possible NTCP conversion should always be considered in every case before filing a claim petition.

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