PRINTER'S NO. 2545
No. 2033 Session of 1978
INTRODUCED BY GREENLEAF, JANUARY 31, 1978
REFERRED TO COMMITTEE ON LABOR RELATIONS, JANUARY 31, 1978
AN ACT
1 Amending the act of June 21, 1939 (P.L.566, No.284), entitled
2 "An act defining the liability of an employer to pay damages
3 for occupational disease contracted by an employe arising out
4 of and in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder;
7 imposing duties on the Department of Labor and Industry, the
8 Workmen's Compensation Board, Workmen's Compensation
9 Referees, and deans of medical schools; creating a medical
10 board to determine controverted medical issues; establishing
11 an Occupational Disease Fund in custody of the State
12 Workmen's Insurance Board; imposing upon the Commonwealth a
13 part of the compensation payable for certain occupational
14 diseases; making an appropriation; and prescribing
15 penalties," providing that members of volunteer fire
16 companies and departments be included as "employes" for the
17 purposes of this act.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 104, act of June 21, 1939 (P.L.566,
21 No.284), known as "The Pennsylvania Occupational Disease Act,"
22 amended February 28, 1956 (P.L.1095, No.355), is amended to
23 read:
24 Section 104. The term "employe," as used in this act, is
25 declared to be synonymous with servant, and includes all natural
26 persons who perform services, except agricultural services or
1 domestic services performed in a private home, for another for a
2 valuable consideration, exclusive of persons whose employment is
3 casual in character and not in the regular course of the
4 business of the employer and exclusive of persons to whom
5 articles or materials are given out to be made up, cleaned,
6 washed, altered, ornamented, finished, or repaired, or adapted
7 for sale, in the worker's own home, or on other premises not
8 under the control or management of the employer. Every executive
9 officer of a corporation elected or appointed in accordance with
10 the charter and by-laws of the corporation, except elected
11 officers of the Commonwealth or any of its political
12 subdivisions, shall be an employe of the corporation. In
13 addition to those persons included within the term "employe,"
14 there shall be included all members of volunteer fire companies
15 or volunteer fire departments of the various cities, boroughs,
16 incorporated towns and townships, who shall be and are hereby
17 declared to be "employes" of such cities, boroughs, incorporated
18 towns and townships, for all purposes of this act.
19 Section 2. This act shall take effect in 60 days.
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