See other bills
under the
same topic
PRINTER'S NO. 531
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
520
Session of
2017
INTRODUCED BY FOLMER, AUMENT, RESCHENTHALER, MENSCH, STEFANO,
SCARNATI, WAGNER, HUTCHINSON AND DiSANTO, MARCH 16, 2017
REFERRED TO LABOR AND INDUSTRY, MARCH 16, 2017
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
reenacted and amended, "An act defining the liability of an
employer to pay damages for injuries received by an employe
in the course of employment; establishing an elective
schedule of compensation; providing procedure for the
determination of liability and compensation thereunder; and
prescribing penalties," in liability and compensation,
further providing for the liability of an employer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 303 of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, is amended to
read:
Section 303. (a) The liability of an employer, or an
employer's affiliate, holding company or subsidiary, under this
act shall be exclusive and in place of any and all other
liability to such employes, his legal representative, husband or
wife, parents, dependents, next of kin or anyone otherwise
entitled to damages in any action at law or otherwise on account
of any injury or death as defined in section 301 (c)(1) and (2)
or occupational disease as defined in section 108.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
(b) In the event injury or death to an employe is caused by
a third party, then such employe, his legal representative,
husband or wife, parents, dependents, next of kin, and anyone
otherwise entitled to receive damages by reason thereof, may
bring their action at law against such third party, but the
employer, or an employer's affiliate, holding company or
subsidiary, his insurance carrier, their servants and agents,
employes, representatives acting on their behalf or at their
request shall not be liable to a third party for damages,
contribution, or indemnity in any action at law, or otherwise,
unless liability for such damages, contributions or indemnity
shall be expressly provided for in a written contract entered
into by the party alleged to be liable prior to the date of the
occurrence which gave rise to the action.
(c) For the purposes of this section:
(1) The term "affiliate" shall mean a person who, directly
or indirectly, through an intermediary controls, is controlled
by or is under common control with a specific person.
(2) The term "holding company" shall:
(i) Mean a person other than an individual which, directly
or indirectly, owns or has the power or right to control or vote
a significant part of the outstanding voting securities of a
business organization.
(ii) Be considered to be indirectly holding or owning a
power, right or security if the holding company holds or owns
the power, right or security through an interest in a
subsidiary.
(3) The term "subsidiary" shall mean a person other than an
individual that is one of the following:
(i) A business organization, with a significant part of
20170SB0520PN0531 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
outstanding equity securities or interests owned, subject to a
power or right of control or held with the power to vote by a
holding company.
(ii) A person deemed to be a subsidiary under the former act
of May 5, 1933 (P.L.364, No.106), known as the "Business
Corporation Law."
Section 2. This act shall take effect immediately.
20170SB0520PN0531 - 3 -
1
2
3
4
5
6
7