For years, Pennsylvanians injured at work were entitled to receive notice from their employer’s workers’ compensation insurance carrier whether their claim was accepted or denied within 21 days. As a “paper system,” this acceptance or denial comes in the form of a Department of Labor and Industry document. Eventually, the insurance industry cried that many claims required more than 21 days to investigate. Perhaps receipt of medical records in less-than-obvious cases took several weeks to come in. Perhaps there was a very complex diagnosis or the existence of a significant pre-existing condition, and a more extensive medical workup was required that could not be accomplished in three weeks.

So, our legislature devised a new document, the temporary notice of compensation payable (TNCP). Section 406.1(d)(1) of the Workers’ Compensation Act, 77 P.S. Section 717.1(d)(1), provides as follows: “In any instance where an employer is uncertain whether a claim is compensable under this act or is uncertain of the extent of its liability under this act, the employer may initiate compensation payments without prejudice and without admitting liability pursuant to a notice of temporary compensation payable as prescribed by the department.”

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