PA Workers’ Compensation Alert – Some Pandemic Era Changes to Notary Requirements Become Permanent

Harrisburg, PA –  On February 20, 2022, Act 95 of 2021 will take effect, making some temporary emergency COVID-19 measures permanent. Sections 413(c) and (d) required a carrier issuing a Notice of Suspension or Modification to include a notarized affidavit from the carrier that the compensation was modified or suspended due to a return to work. Act 95 eliminated the notarized affidavit requirement and replaced it with a simple verification requirement.

Similarly, Section 449(c) formerly required that the claimant’s signature on a Compromise and Release Agreement (C&R) be attested by two witnesses or acknowledged before a notary public. Act 95 waives the two witness or notarization requirement where the claimant appears before the Workers’ Compensation Judge for the hearing to approve the C&R and provides a sworn oral statement that he or she understands the full legal significance of the agreement.

What began as an emergency measure arising out of necessity has now become a permanent procedural practice in Pennsylvania Workers’ Compensation. Act 95 will improve efficiency and flexibility when it comes to issuing Notices of Suspension or Modification and executing C&Rs.

Any questions regarding this case can be addressed to John T. Morgan, Esquire, at jmorgan@tthlaw.com or (267) 861-7595.