What is a Temporary Notice of Compensation Payable?

A Temporary Notice of Compensation Payable is a form filed by your employer’s insurance carrier regarding a work injury that you reported. The word “Temporary” seems to confuse injured workers, and rightfully so.

First, what is a Notice of Compensation Payable?

Let me first explain what a Notice of Compensation Payable (NCP) is within the workers’ compensation process. A Notice of Compensation Payable is one of the forms that are requited to be filed by the workers’ compensation insurance carrier within 21 days of your reporting a work-related injury. By filing the form, the insurance carrier has decided to accept your claim. The NCP acknowledges/accepts the work injury and the payment of wage loss benefits and medical benefits. In essence, it is a full acceptance of your claim. However, it is important to note, these forms can also lead to disputes down the road over the description of injury. It happens often and cases end up in litigation.

There is a caveat to the NCP. The insurance carrier may file the NCP as a medical only NCP. In these instances, the carrier is not admitting to wage loss as a result of the work injury. If you are out of work due to the work injury and there is a medical only NCP filed, you still have to file a Claim Petition to obtain wage loss benefits, which begins litigation, That is precisely why it is imperative to not navigate the workers’ compensation process on your own. It is too complex.

So then what does a “Temporary” NCP mean (NTCP)?

An NTCP is a form sent by insurance carrier that your work injury has been accepted on a temporary basis. Essentially, the insurance carrier gains up to 90 days to decide whether or not they will accept your injury claim in its entirety. In theory, it is a window of opportunity for claim investigation. Once filed, you may begin receiving wage loss benefits while you are out of work due to the work injury.

Although you may start receiving wage loss benefits under a NTCP, those may stop in the future. Let me explain. Within that 90 day temporary period, the insurance may revoke the NTCP and file a subsequent Notice of Compensation Denial (NCD). The NCD will effectively stop payment of wage loss and medical benefits. In other words, your claim is now in denied status. You have to now prove your case by filing a Claim Petition and entering litigation. This confuses injured workers because they were receiving wage loss benefits and then they suddenly stop. It is confusing and frustrating to the injured worker.

What happens if the 90 day temporary period expires?

On the back of the NTCP form it lists the 90 days period So what happens if the 90 day period expires and the insurance carrier takes no further action. At that point, the NTCP coverts to a full NCP and your claim is accepted in its entirety. You are probably thinking, great my claim is accepted and I have nothing to worry about,. Not true. At some point the insurance carrier may schedule you for an Independent Medical Examination. The scheduling of an IME usually signals the beginning of hostile action against your claim.

If you receive a NTCP regarding your work injury, contact Mooney Law right away for a free consultation. Workers’ compensation is a quite complex area of law. Attorneys who handle workers’ compensation cases usually only practice in workers’ compensation. Navigating the complexities of workers’ compensation is an extreme risk. You are batting an insurance carrier that only cares about their bottom line, not yours. Call today for a FREE consultation at 717-200-HELP or 717-632-4656. You can email my firm direct at info@mooney4law.com. Finally, visit our firm website and complete the Schedule a Consultation form. We can help you.

Mark Buterbaugh

Attorney representing injured workers and Social Security Disability clients in Pennsylvania and Maryland.