Notice of ability to return to work required to suspend or modify workers comp. benefits The Commonwealth Court recently entered an opinion concerning a claimant who was not provided a notice of ability to return to work. In Wells v. W.C.A.B., No. 1136 C.D. 2009 (March 12, 2010) the court decided that the employer was not entitled to modification or suspension of benefits. Despite the fact that the claimant was totally and permanently disabled as a result of non-work related medical conditions, claimant was never provided a notice of ability to return to work, and therefore the employer’s petition was denied.