SENATE AMENDED PRIOR PRINTER'S NO. 791, 1773 PRINTER'S NO. 3202
No. 711 Session of 1977
INTRODUCED BY MESSRS. BELLOMINI, ENGLEHART, DOMBROWSKI AND PETRARCA, MARCH 23, 1977
SENATOR ARLENE, LABOR AND INDUSTRY, IN SENATE, AS AMENDED, MAY 23, 1978
AN ACT 1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as 2 amended, "An act defining the liability of an employer to pay 3 damages for injuries received by an employe in the course of 4 employment; establishing an elective schedule of 5 compensation; providing procedure for the determination of 6 liability and compensation thereunder; and prescribing 7 penalties," further providing for certain provisions relating 8 to the employe's choice of practitioner of the healing arts; <-- 9 CHANGING CERTAIN PROVISIONS RELATING TO PHYSICIANS, PROVIDING 10 FOR THE SUSPENSION OF COMPENSATION IN CERTAIN CASES, AND 11 MAKING EDITORIAL CHANGES. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Subsection (f) of section 306, act of June 2, 15 1915 (P.L.736, No.338), known as "The Pennsylvania Workmen's 16 Compensation Act," reenacted and amended June 21, 1939 (P.L.520, 17 No.281), and amended December 5, 1974 (P.L.782, No.263), is 18 amended to read: 19 Section 306. The following schedule of compensation is 20 hereby established: 21 * * *
1 (f) (1) The employer shall provide payment for reasonable <-- 2 surgical and medical services, services rendered by duly 3 licensed practitioners of the healing arts, medicines, and 4 supplies, as and when needed: Provided, That [the employe may <-- 5 select a duly licensed practitioner of the healing arts of his 6 own choice, unless at least five physicians shall have been 7 designated by the employer or by the employer and the employe's 8 representative by agreement, in which instances the employe 9 shall select a physician from among those designated] If a list <-- 10 of designated physicians is provided, the employe shall be 11 required to visit one of the five physicians so designated for a 12 period of seven days from the date of the first visit or 13 treatment by said physician. Subsequent treatment may be 14 provided by any physician and such treatment shall be paid for 15 by the employer. In addition to the above service, the employer 16 IF A LIST OF AT LEAST FIVE DESIGNATED PHYSICIANS OR OTHER DULY <-- 17 LICENSED PRACTITIONERS OF THE HEALING ARTS OR A COMBINATION 18 THEREOF IS PROVIDED BY THE EMPLOYER, THE EMPLOYE SHALL BE 19 REQUIRED TO VISIT ONE OF THE PHYSICIANS OR OTHER PRACTITIONERS 20 SO DESIGNATED AND SHALL CONTINUE TO VISIT THE SAME OR ANOTHER 21 PHYSICIAN OR PRACTITIONER FOR A PERIOD OF FOURTEEN DAYS FROM THE 22 DATE OF THE FIRST VISIT. SUBSEQUENT TREATMENT MAY BE PROVIDED BY 23 ANY PHYSICIAN OR ANY OTHER DULY LICENSED PRACTITIONER OF THE 24 HEALING ARTS OR A COMBINATION THEREOF, OF THE EMPLOYES OWN 25 CHOICE, AND SUCH TREATMENT SHALL BE PAID FOR BY THE EMPLOYER. 26 ANY EMPLOYE WHO NEXT FOLLOWING THE TERMINATION OF THE FOURTEEN- 27 DAY PERIOD IS PROVIDED TREATMENT FROM A PHYSICIAN OR OTHER DULY 28 LICENSED PRACTITIONER OF THE HEALING ARTS WHO IS NOT ONE OF THE 29 PHYSICIANS OR PRACTITIONERS DESIGNATED BY THE EMPLOYER, SHALL 30 NOTIFY THE EMPLOYER WITHIN FIVE DAYS OF THE FIRST VISIT TO SAID 19770H0711B3202 - 2 -
1 PHYSICIAN OR PRACTITIONER. HOWEVER, IF THE EMPLOYE FAILS TO SO 2 NOTIFY THE EMPLOYER, THE EMPLOYE SHALL SUFFER NO LOSS OF RIGHTS 3 OR BENEFITS TO WHICH HE IS OTHERWISE ENTITLED UNDER THE ACT. 4 (2) IF AND ONLY IF THE EMPLOYER HAS DESIGNATED AT LEAST FIVE 5 PHYSICIANS OR OTHER DULY LICENSED PRACTITIONERS OF THE HEALING 6 ARTS OR A COMBINATION THEREOF AS PERMITTED BY THE PRECEDING 7 PARAGRAPH, THE FOLLOWING REPORTING PROVISIONS SHALL APPLY. 8 NOTHING IN THE FOLLOWING PARAGRAPHS SHALL ELIMINATE RIGHTS OF 9 THE EMPLOYER TO OBTAIN ALL RECORDS AND DATA AS PERMITTED UNDER 10 ANY OTHER SECTIONS OF THIS ACT. 11 (I) THE PHYSICIAN OR OTHER DULY LICENSED PRACTITIONER OF THE 12 HEALING ARTS SHALL BE REQUIRED TO FILE PERIODIC REPORTS WITH THE 13 EMPLOYER ON A FORM PRESCRIBED BY THE DEPARTMENT WHICH SHALL 14 INCLUDE, WHERE PERTINENT, HISTORY, DIAGNOSIS, TREATMENT, 15 PROGNOSIS AND PHYSICAL FINDINGS. THE REPORT SHALL BE FILED 16 WITHIN TWENTY-ONE DAYS OF COMMENCING TREATMENT AND AT LEAST ONCE 17 A MONTH THEREAFTER, AS LONG AS TREATMENT CONTINUES. THE EMPLOYER 18 SHALL NOT BE LIABLE TO PAY FOR SUCH TREATMENT UNTIL A REPORT HAS 19 BEEN FILED. 20 (II) THE EMPLOYER SHALL HAVE THE RIGHT TO PETITION THE BOARD 21 FOR REVIEW OF THE NECESSITY OR FREQUENCY OF TREATMENT OR 22 REASONABLENESS OF FEES FOR SERVICES PROVIDED BY A PHYSICIAN OR 23 OTHER DULY LICENSED PRACTITIONER OF THE HEALING ARTS. SUCH A 24 PETITION SHALL IN NO EVENT ACT AS A SUPERSEDEAS, AND DURING THE 25 PENDENCY OF ANY SUCH PETITION THE EMPLOYER SHALL PAY ALL MEDICAL 26 BILLS IF THE PHYSICIAN OR OTHER PRACTITIONER OF THE HEALING ARTS 27 FILES A REPORT OR REPORTS AS REQUIRED BY SUBPARAGRAPH (I) OF 28 PARAGRAPH (2) OF THIS SUBSECTION. 29 (3) AFTER AN EMPLOYE HAS ELECTED TO BE TREATED BY A 30 PHYSICIAN OR OTHER DULY LICENSED PRACTITIONER OF THE HEALING 19770H0711B3202 - 3 -
1 ARTS WHO IS NOT ONE OF THE PHYSICIANS OR PRACTITIONERS 2 DESIGNATED BY THE EMPLOYER, HE MAY THEREAFTER ELECT TO BE 3 TREATED BY ANOTHER PHYSICIAN OR OTHER DULY LICENSED PRACTITIONER 4 OF THE HEALING ARTS UPON NOTICE TO HIS EMPLOYER; PROVIDED, 5 HOWEVER, THAT NO SUCH NOTICE SHALL BE REQUIRED IN EMERGENCIES, 6 OR IN CASES OF REFERRALS BY ONE PHYSICIAN OR PRACTITIONER TO 7 ANOTHER PHYSICIAN OR PRACTITIONER OR IF THE NEW PHYSICIAN OR 8 PRACTITIONER MAKES A TIMELY REPORT TO THE EMPLOYER WITHIN 9 TWENTY-ONE DAYS AFTER COMMENCING TREATMENT. 10 (4) IN ADDITION TO THE ABOVE SERVICE, THE EMPLOYER shall 11 provide payment for medicines and supplies, hospital treatment, 12 services and supplies and orthopedic appliances, and prostheses. 13 The cost for such hospital treatment, service and supplies shall 14 not in any case exceed the prevailing charge in the hospital for 15 like services to other individuals. If the employe shall refuse 16 reasonable services of duly licensed practitioners of the 17 healing arts, surgical, medical and hospital services, 18 treatment, medicines and supplies, he shall forfeit all rights 19 to compensation for any injury or any increase in his incapacity 20 shown to have resulted from such refusal. Whenever an employe 21 shall have suffered the loss of a limb, part of a limb, or an 22 eye, the employer shall also provide payment for an artificial 23 limb or eye or other prostheses of a type and kind recommended 24 by the doctor attending such employe in connection with such 25 injury and any replacements for an artificial limb or eye which 26 the employe may require at any time thereafter, together with 27 such continued medical care as may be prescribed by the doctor 28 attending such employe in connection with such injury as well as 29 such training as may be required in the proper use of such 30 prostheses. The provisions of this section shall apply in 19770H0711B3202 - 4 -
1 injuries whether or not loss of earning power occurs. If 2 hospital confinement is required, the employe shall be entitled 3 to semi-private accommodations but if no such facilities are 4 available, regardless of the patient's condition, the employer, 5 not the patient, shall be liable for the additional costs for 6 the facilities in a private room. 7 (5) The payment by an insurer for any medical, surgical or <-- 8 hospital services or supplies after any statute of limitations 9 provided for in this act shall have expired shall not act to 10 reopen or review the compensation rights for purposes of such 11 limitations. 12 * * * 13 SECTION 2. SECTION 413 OF THE ACT IS AMENDED BY ADDING A <-- 14 SUBSECTION TO READ: 15 SECTION 413. * * * 16 (C) NOTWITHSTANDING ANY PROVISION OF THIS ACT, AN EMPLOYER 17 MAY SUSPEND THE COMPENSATION DURING THE TIME THE EMPLOYE HAS 18 RETURNED TO WORK AT HIS PRIOR OR INCREASED EARNINGS IF THE 19 EMPLOYER FILES A PETITION TO TERMINATE OR MODIFY A NOTICE OF 20 COMPENSATION PAYABLE OR A COMPENSATION AGREEMENT OR AWARD WITHIN 21 FIFTEEN DAYS OF THE RETURN TO WORK. 22 Section 2 3. This act shall take effect in 60 days. <-- C16L65RLC/19770H0711B3202 - 5 -