PRINTER'S NO. 2337
No. 1868 Session of 1987
INTRODUCED BY COHEN, KOSINSKI, FREEMAN, VEON, ITKIN, MORRIS,
MELIO, FOX, RITTER, PISTELLA, TIGUE, LINTON, SAURMAN,
KUKOVICH, TRELLO, JOSEPHS, SCHULER, PETRARCA, SHOWERS,
BELARDI, SWEET AND CAPPABIANCA, OCTOBER 19, 1987
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 19, 1987
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," creating the office of administrative
8 law judge in the Department of Labor and Industry; empowering
9 administrative law judges to hear and adjudicate workmen's
10 compensation controversies; and making repeals.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The act of June 2, 1915 (P.L.736, No.338), known
14 as The Pennsylvania Workmen's Compensation Act, reenacted and
15 amended June 21, 1939 (P.L.520, No.281), is amended by adding a
16 section to read:
17 Section 107.1. The term "administrative law judge," when
18 used in this act, shall mean a person appointed by the Secretary
19 of Labor and Industry and subject to the supervision of the
20 Chief Administrative Law Judge of the department for the
21 purposes of conducting workmen's compensation hearings under
1 this act. A reference to "referee" in this act shall be the
2 equivalent to a reference to "administrative law judge."
3 Section 2. The definition of "referee" in section 401 of the
4 act, amended February 8, 1972 (P.L.25, No.12), is amended to
5 read:
6 Section 401. The term "referee," when used in this article,
7 shall mean [Workmen's Compensation Referee of the Department of
8 Labor and Industry, appointed by and subject to the general
9 supervision of the Secretary of Labor and Industry for the
10 purpose of conducting departmental hearings under this act. The
11 secretary may establish different classes of referees] an
12 administrative law judge as defined in section 107.1.
13 * * *
14 Section 3. The act is amended by adding an article to read:
15 ARTICLE VII.
16 Administrative Law Judges.
17 Section 701. (a) There is created within the department an
18 office to be known as the office of administrative law judge.
19 (b) The Secretary of Labor and Industry shall appoint a
20 chief administrative law judge and shall appoint as many
21 administrative law judges as may be necessary to hold hearings
22 required or permitted under this act.
23 (c) Administrative law judges shall schedule and conduct
24 hearings and issue decisions for matters arising under this act.
25 Appeal from their decisions shall be as provided by law.
26 (d) The administrative law judges shall be afforded
27 employment security as provided by the act of August 5, 1941
28 (P.L.752, No.286), known as the "Civil Service Act."
29 Section 702. (a) The Secretary of Labor and Industry shall
30 provide sufficient staff, facilities and administrative support
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1 so that the duties of administrative law judges may be
2 performed. It will be the duty of the Chief Administrative Law
3 Judge to assure that adequate staff, facilities and support are
4 available.
5 (b) The Commonwealth shall be divided into geographical
6 areas. Cases arising in those areas shall be assigned to the
7 administrative law judge or judges assigned to that area.
8 (c) The Secretary of Labor and Industry shall appoint
9 sufficient administrative law judges to insure that all areas
10 shall have matters disposed of promptly.
11 (d) The Chief Administrative Law Judge shall insure that
12 cases are properly assigned and may allow transfers where
13 appropriate.
14 Section 703. Administrative law judges must meet the
15 following minimum requirements:
16 (1) Be an attorney in good standing before the Supreme Court
17 of Pennsylvania and have five years in the practice of law with
18 three years of experience deciding contested matters or
19 presenting such matters before courts of original jurisdiction
20 or administrative agencies; or
21 (2) Have equivalent experience from occupational history for
22 five years. Such experience includes actual participation in
23 contested matters such as arbitrations which involve hearings or
24 rendering decisions on such matters; and
25 (3) Conform to such other requirements as shall be
26 established by the Secretary of Labor and Industry.
27 Section 704. An administrative law judge shall conform to
28 the requirements of the Code of Judicial Conduct as promulgated
29 by the Pennsylvania Supreme Court. An administrative law judge
30 who violates the Code may be removed from office in accordance
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1 with the act of August 5, 1941 (P.L.752, No.286), known as the
2 "Civil Service Act," or applicable contractual agreements.
3 Section 705. (a) An administrative law judge shall hear and
4 decide cases arising in his assigned area or transferred to him.
5 Hearings shall be conducted in accordance with this act and the
6 regulations promulgated under it. Written decisions and orders
7 containing findings of fact and conclusions of law shall be
8 issued as heretofore.
9 (b) The authority of an administrative law judge to
10 administer oaths and affirmations, to issue subpoenas, to rule
11 upon evidence, to regulate the course of the hearings, to
12 dispose of procedural requests and to schedule and conduct
13 hearings shall remain as heretofore.
14 Section 706. (a) An administrative law judge shall be paid
15 at eighty per centum of the salary of a judge of a court of
16 common pleas as set forth in the act of September 30, 1983
17 (P.L.160, No.39), known as the "Public Official Compensation
18 Law."
19 (b) Administrative law judges shall devote full time to
20 their official duties and shall perform no duties inconsistent
21 with their duties and responsibilities as administrative law
22 judges.
23 Section 707. (a) Current Workmen's Compensation Referees
24 shall immediately become administrative law judges if they meet
25 the minimum requirements. Any referee who has been serving in
26 that capacity for six months immediately prior to the enactment
27 of this act shall be deemed to meet the requirements and shall
28 immediately become an administrative law judge.
29 (b) The position of Workmen's Compensation Referee is
30 abolished.
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1 Section 4. Sections 2208 and 2213 of the act of April 9,
2 1929 (P.L.177, No.175), known as The Administrative Code of
3 1929, are repealed insofar as they are inconsistent with this
4 act.
5 Section 5. This act shall take effect in 60 days.
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