H1234B1351A03213 AJM:AAS 10/17/19 #90 A03213
AMENDMENTS TO HOUSE BILL NO. 1234
Sponsor: REPRESENTATIVE COX
Printer's No. 1351
Amend Bill, page 2, line 7, by inserting after "injury."
The limitation with respect to a disease under this
paragraph having to occur within three years of the last date of
exposure shall not apply to claims filed under subsection (g)
(1).
Amend Bill, page 3, line 26, by striking out "limitation" and
inserting
limitations with respect to a disease under subsection (c)
(1) having to occur within three years of the last date of
exposure, and
Amend Bill, page 4, line 1, by striking out "any disease" and
inserting
a disease under subsection (c)(1) or (2)
Amend Bill, page 4, lines 5 and 6, by striking out "or the
disease is detectable "
Amend Bill, page 4, by inserting between lines 8 and 9
(2) The following shall apply to claims made under this
subsection, where the last date of employment in the occupation
or industry to which a claimant was exposed to the hazards of
disease occurred prior to the effective date of this paragraph:
(i) A self-insured employer shall pay compensable claims
under this subsection in accordance with this act.
(ii) An insurer shall not be liable for a compensable claim
under this subsection that was not compensable prior to the
effective date of this paragraph as the result of the limitation
with respect to a disease under subsection (c)(1) having to
occur within three years of the last date of exposure or the
limitation under subsection (c)(2) with respect to disability or
death resulting from an occupational disease having to occur
within three hundred weeks after the last date of employment in
an occupation or industry to which a claimant was exposed to the
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hazards of disease.
(iii) An insured employer who receives a notice or petition
for a compensable claim under this subsection, which the insurer
is not required to pay under subparagraph (ii), may refer the
claim to the Workers' Compensation Security Fund, established
under the act of July 1, 1937 (P.L.2532, No.470), known as the
Workers' Compensation Security Fund Act. An employer who refers
a claim shall immediately report the claim to the Workers'
Compensation Security Fund and send written notice by certified
mail to the claimant, the insurer and the Workers' Compensation
Security Fund within forty-five days of receipt of the notice or
petition, or within forty-five days from the time the employer
was informed by the insurer that the insurer is not required to
pay the claim under subparagraph (ii). The notice shall include
all claim information received by the employer, contact
information for the claimant and any other information required
by the Workers' Compensation Security Fund.
(iv) The Workers' Compensation Security fund shall pay
compensable claims submitted under subparagraph (iii) in
accordance with this act, if the employer has provided notice
under subparagraph (iii) and the claim is compensable under this
subsection. The Workers' Compensation Security Fund shall not be
required to pay any claim that is not authorized under this
subsection or any claim under this subsection where the last
date of employment in the occupation or industry to which a
claimant was exposed to the hazards of disease occurred on or
after the effective date of this paragraph, unless required by
the Workers' Compensation Security Fund Act. The Workers'
Compensation Security Fund may establish regulations, policies
and procedures for the submission of claims under subparagraph
(iii), including the form of the notice, and the administration
of claims.
(v) The Insurance Commissioner shall include in his regular
report to the Governor a statement of the expenses of
administering claims paid under this subsection, along with the
information required under section 14 of the Workers'
Compensation Security Fund Act.
Amend Bill, page 4, line 9, by striking out "(2)" and
inserting
(3)
Amend Bill, page 4, line 20, by inserting after "remedy"
against a claimant's employer
Amend Bill, page 4, line 22, by striking out "as an
occupational disease"
Amend Bill, page 4, line 29, by striking out "retroactively"
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