Section 127.755. Required notice of employe rights and duties

(a) If a list of designated providers is established, the employer shall provide a clearly written notice to an injured employe of the employe’s rights and duties under section 306(f.1)(1)(i) of the act (77 P. S. § 531(1)(i)).

(b) The contents of the written notice shall, at a minimum, contain the following conditions:

(1) The employe has the duty to obtain treatment for work-related injuries and illnesses from one or more of the designated health care providers for 90 days from the date of the first visit to a designated provider.

(2) The employe has the right to have all reasonable medical supplies and treatment related to the injury paid for by the employer as long as treatment is obtained from a designated provider during the 90-day period.

(3) The employe has the right, during this 90-day period, to switch from one health care provider on the list to another provider on the list, and that all the treatment shall be paid for by the employer.

(4) The employe has the right to seek treatment from a referral provider if the employe is referred to him by a designated provider, and the employer shall pay for the treatment rendered by the referral provider.

(5) The employe has the right to seek emergency medical treatment from any provider, but that subsequent nonemergency treatment shall be by a designated provider for the remainder of the 90-day period.

(6) The employee has the right to seek treatment or medical consultation from a nondesignated provider during the 90-day period, but that these services shall be at the employee’s expense for the applicable 90 days.

(7) The employee has the right to seek treatment from any health care provider after the 90-day period has ended, and that treatment shall be paid for by the employer, if it is reasonable and necessary.

(8) The employee has the duty to notify the employer of treatment by a nondesignated provider within 5 days of the first visit to that provider. The employer may not be required to pay for treatment rendered by a nondesignated provider prior to receiving this notification. However, the employer shall pay for these services once notified, unless the treatment is found to be unreasonable by a URO, under Subchapter C (relating to medical treatment review).

(9) The employee has the right to seek an additional opinion from any health care provider of the employee’s choice when a designated provider prescribes invasive surgery for the employee. If the additional opinion differs from the opinion of the designated provider and the additional opinion provides a specific and detailed course of treatment, the employee shall determine which course of treatment to follow. If the employee opts to follow the course of treatment outlined by the additional opinion, the treatment shall be performed by one of the health care providers on the employer’s designated list for 90 days from the date of the first visit to the provider of the additional opinion.

(c) The written notice to an employee of the employee’s rights and duties under this section shall be provided at the time the employee is hired and immediately after the injury, or as soon thereafter as possible under the circumstances of the injury. If the employee’s injuries are so severe that emergency care is required, notice of the employee’s rights and duties shall be given as soon after the occurrence of the injury as is practicable.

(d) The employer’s duty under subsection (a) shall be evidenced by the employee’s written acknowledgment of having been informed of and having understood the notice of the employee’s rights and duties. Any failure of the employer to provide and evidence the notification relieves the employee from any duties specified in the notice, and the employer remains liable for all treatment rendered to the employee. However, an employee may not refuse to sign an acknowledgment to avoid duties specified in the notice.

The provisions of this § 127.755 amended January 16, 1998, effective January 17, 1998, 28 Pa.B. 329. Immediately preceding text appears at serial pages (203516) to (203517).

Notation

Notes of Decisions

Acknowledgment of Notice

When read in conjunction with section 306(f.1) of the Workers’ Compensation Act (77 P. S. § 531(f.1)), § 127.755(d) (relating to required notice of employee rights and duties) requires that an employersecures written acknowledgment from the employee that he or she received written notice of the employee’s rights and duties both upon hiring and after occurrence of an injury. Department of Corrections v. Workers’ Compensation Appeal Board, 805 A.2d 633 (Pa. Cmwlth. 2002); appeal denied 813 A.2d 847 (Pa. 2002).

Notice Requirement

When read in conjunction with section 306(f.1)(1)(i) of the Workers’ Compensation Act (77 P. S. § 531(f.1)(1)(i)), § 127.755(c) (relating to required notice of employee rights and duties) requires an employer to provide written notice of the employee’s rights and duties on two occasions: first, upon hiring; and second, as soon as practicable after the employee suffers an injury. Department of Corrections v. Workers’ Compensation Appeal Board, 805 A.2d 633 (Pa. Cmwlth. 2002).