PRINTER'S NO. 3841
No. 2810 Session of 1978
INTRODUCED BY PITTS, VROON, McCLATCHY, ARMSTRONG, E. Z. TAYLOR
AND E. H. SMITH, SEPTEMBER 25, 1978
REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 25, 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 defining the terms "injury" and "personal
8 injury" to exclude certain conduct.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Clause (1) of subsection (c) of section 301, act
12 of June 2, 1915 (P.L.736, No.338), known as "The Pennsylvania
13 Workmen's Compensation Act," amended October 17, 1972 (P.L.930,
14 No.223), is amended to read:
15 Section 301. * * *
16 (c) (1) The terms "injury" and "personal injury," as used in
17 this act, shall be construed to mean an injury to an employe,
18 regardless of his previous physical condition, arising in the
19 course of his employment and related thereto, and such disease
20 or infection as naturally results from the injury or is
21 aggravated, reactivated or accelerated by the injury; and
1 wherever death is mentioned as a cause for compensation under
2 this act, it shall mean only death resulting from such injury
3 and its resultant effects, and occurring within three hundred
4 weeks after the injury. The term "injury arising in the course
5 of his employment," as used in this article, shall not include
6 an injury caused by an act of a third person intended to injure
7 the employe because of reasons personal to him, and not directed
8 against him as an employe or because of his employment and shall
9 not include an injury to the employe which is the result of such
10 employe initiating or willfully participating in horseplay,
11 skylarking or practical joking; but shall include all other
12 injuries sustained while the employe is actually engaged in the
13 furtherance of the business or affairs of the employer, whether
14 upon the employer's premises or elsewhere, and shall include all
15 injuries caused by the condition of the premises or by the
16 operation of the employer's business or affairs thereon,
17 sustained by the employe, who, though not so engaged, is injured
18 upon the premises occupied by or under the control of the
19 employer, or upon which the employer's business or affairs are
20 being carried on, the employe's presence thereon being required
21 by the nature of his employment.
22 * * *
23 Section 2. This act shall take effect immediately and shall
24 apply to all injuries occurring on or after the effective date
25 of this act.
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