Melmark Home v. WCAB (Rosenberg)

In Melmark Home v. Workers' Compensation Appeal Board (Rosenberg), 946 A.2d 159 (Pa. Cmwlth. 2008), the Court discussed the fact that when a claimant is served with a Notice of Ability to Return to Work consistent with Section 306(b)(3) of the Pennsylvania Workers' Compensation Act, she has an obligation to look for work. The Court stated that this document shall be provided to a claimant before an employer acts on newfound medical information. This affords a claimant with a residual impairment an opportunity to search for employment or to take other legal action. Id. The Court held that determining what constitutes "prompt" written notice under Section 306(b)(3) "necessarily requires an examination of the facts and timeline in each case to determine if the claimant has been prejudiced by the timing of the notice." Id. at 163. The Court also explained that the claimant must be given the notice "before the employer attempts to modify benefits." Id.