PRIOR PRINTER'S NO. 1783 PRINTER'S NO. 2789
No. 1517 Session of 1979
INTRODUCED BY MESSRS. MUSTO, ZITTERMAN, SHUPNIK, McCALL, WARGO,
GOODMAN, SERAFINI, B. F. O'BRIEN, BELARDI, COSLETT, HASAY,
DOMBROWSKI AND GATSKI, JUNE 20, 1979
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 30, 1980
AN ACT
1 Amending the act of June 21, 1939 (P.L.566, No.284), entitled
2 "An act defining the liability of an employer to pay damages
3 for occupational disease contracted by an employe arising out
4 of and in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder;
7 imposing duties on the Department of Labor and Industry, the
8 Workmen's Compensation Board, Workmen's Compensation
9 Referees, and deans of medical schools; creating a medical
10 board to determine controverted medical issues; establishing
11 an Occupational Disease Fund in custody of the State
12 Workmen's Insurance Board; imposing upon the Commonwealth a
13 part of the compensation payable for certain occupational
14 diseases; making an appropriation; and prescribing
15 penalties," further providing for compensation.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The act of June 21, 1939 (P.L.566, No.284), known <--
19 as "The Pennsylvania Occupational Disease Act," is amended by
20 adding a section to read:
21 Section 307.1. Notwithstanding any other provision of this
22 act, compensation for death shall be paid in accordance with
23 this act if, at the time of death, the employe had been awarded
1 compensation for disability under this act.
2 Section 2. This act shall take effect immediately and shall
3 apply to deaths occurring on and after the date of final
4 enactment.
5 SECTION 1. SUBSECTION (I) OF SECTION 301, ACT OF JUNE 21, <--
6 1939 (P.L.566, NO.284), KNOWN AS "THE PENNSYLVANIA OCCUPATIONAL
7 DISEASE ACT," AMENDED NOVEMBER 28, 1969 (P.L.312, NO.134), IS
8 AMENDED TO READ:
9 SECTION 301. * * *
10 (I) (1) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT,
11 COMPENSATION FOR SILICOSIS, ANTHRACO-SILICOSIS, COAL WORKER'S
12 PNEUMOCONIOSIS, AND ASBESTOSIS SHALL BE PAID FOR EACH MONTH
13 BEGINNING WITH THE MONTH THIS AMENDING ACT BECOMES EFFECTIVE, OR
14 BEGINNING WITH THE FIRST MONTH OF DISABILITY, WHICHEVER OCCURS
15 LATER, AT THE RATE OF SEVENTY-FIVE DOLLARS ($75) PER MONTH, TO
16 EVERY EMPLOYE TOTALLY DISABLED THEREBY AS A RESULT OF EXPOSURE
17 THERETO, WHO HAS NOT THERETOFORE BEEN COMPENSATED BECAUSE HIS
18 CLAIM WAS BARRED BY ANY OF THE TIME LIMITATIONS PRESCRIBED BY
19 THIS ACT, AND SHALL CONTINUE DURING THE PERIOD OF SUCH TOTAL
20 DISABILITY. NO COMPENSATION UNDER THIS SECTION SHALL BE PAID TO
21 ANY EMPLOYE WHO HAS NOT BEEN EXPOSED TO A SILICA, COAL, OR
22 ASBESTOS HAZARD WITHIN THE COMMONWEALTH OF PENNSYLVANIA FOR A
23 PERIOD OF TWO YEARS. SUBSEQUENT TO THE EFFECTIVE DATE OF THIS
24 AMENDING ACT OF 1969, IT SHALL BE NECESSARY TO BE A RESIDENT OF
25 PENNSYLVANIA IN ORDER TO QUALIFY FOR COMPENSATION, BUT NOT TO
26 CONTINUE RECEIVING THE SAME AFTER QUALIFICATION. ALL SUCH
27 COMPENSATION TO THOSE WHOSE LAST EXPOSURE PRECEDES THE EFFECTIVE
28 DATE OF THIS AMENDING ACT SHALL BE PAID BY THE COMMONWEALTH.
29 EMPLOYES WHOSE LAST EXPOSURE FOLLOWS THE EFFECTIVE DATE OF THIS
30 AMENDING ACT AND WHO BECOME ENTITLED TO THE COMPENSATION
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1 PROVIDED BY THIS SUBSECTION SHALL BE PAID AS PROVIDED BY THIS
2 ACT.
3 (2) AN APPLICATION FOR COMPENSATION UNDER THIS SUBSECTION
4 SHALL NOT BE ACCEPTED FROM ANY PERSON WHO, DURING THE PRECEDING
5 SIX MONTHS HAS BEEN DETERMINED TO BE INELIGIBLE HEREUNDER.
6 (3) EVERY APPLICATION SHALL BE ACCOMPANIED BY TWO PRINTS OF
7 THE SAME RECENT PHOTOGRAPH OF THE APPLICANT, AND SUCH OTHER
8 PROOF OF IDENTITY AS THE BOARD SHALL REQUIRE. ONE OF THE PRINTS
9 SHALL BE STAMPED BY THE BOARD AND RETURNED TO THE APPLICANT, WHO
10 SHALL DELIVER IT TO THE PHYSICIAN AT THE TIME OF EXAMINATION.
11 THE PHYSICIAN SHALL ATTACH THE PRINT TO HIS REPORT TO THE BOARD.
12 (4) COMPENSATION UNDER THIS SUBSECTION SHALL BE PAID TO ANY
13 EMPLOYE WHOSE TOTAL DISABILITY ARISES FROM AN EXPOSURE TO A
14 SILICA, COAL OR ASBESTOS HAZARD WITHIN THE COMMONWEALTH WHERE
15 SUCH EXPOSURE OCCURRED WHOLLY BEFORE THE EFFECTIVE DATE OF "THE
16 PENNSYLVANIA OCCUPATIONAL DISEASE ACT." ALL PAYMENTS OF ANY
17 CLAIMS FOR DISABILITY ARISING FROM SUCH EXPOSURE SHALL BE PAID
18 BY THE COMMONWEALTH.
19 * * *
20 SECTION 2. SECTION 315 OF THE ACT, AMENDED APRIL 4, 1974
21 (P.L.236, NO.55), IS AMENDED TO READ:
22 SECTION 315. IN CASES OF DISABILITY ALL CLAIMS FOR
23 COMPENSATION SHALL BE FOREVER BARRED, UNLESS, WITHIN [SIXTEEN
24 MONTHS] THREE YEARS AFTER COMPENSABLE DISABILITY BEGINS, THE
25 PARTIES SHALL HAVE AGREED UPON THE COMPENSATION PAYABLE UNDER
26 THIS ARTICLE, OR UNLESS, WITHIN [SIXTEEN MONTHS] THREE YEARS
27 AFTER COMPENSABLE DISABILITY BEGINS, ONE OF THE PARTIES SHALL
28 HAVE FILED A PETITION AS PROVIDED IN ARTICLE FOUR HEREOF. WHERE,
29 HOWEVER, A PERSON IS RECEIVING BENEFITS PURSUANT TO THE ACT OF
30 JUNE 28, 1935 (P.L.477, NO.193), REFERRED TO AS THE HEART AND
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1 LUNG ACT, THE [SIXTEEN-MONTH] TWO-YEAR PERIOD IN WHICH PARTIES
2 MUST AGREE ON COMPENSATION PAYABLE OR FILE A PETITION FOR
3 COMPENSATION IN CASES OF PERSONAL INJURY OR CASES OF DEATH,
4 SHALL NOT BEGIN TO RUN UNTIL THE EXPIRATION OF THE RECEIPT OF
5 BENEFITS PURSUANT TO THE HEART AND LUNG ACT. IN CASES OF DEATH
6 ALL CLAIMS FOR COMPENSATION SHALL BE FOREVER BARRED, UNLESS,
7 WITHIN [SIXTEEN MONTHS] THREE YEARS AFTER THE DEATH, THE PARTIES
8 SHALL HAVE AGREED UPON THE COMPENSATION PAYABLE UNDER THIS
9 ARTICLE, OR UNLESS, WITHIN [SIXTEEN MONTHS] THREE YEARS AFTER
10 THE DEATH, ONE OF THE PARTIES SHALL HAVE FILED A PETITION AS
11 PROVIDED IN ARTICLE FOUR HEREOF. WHERE, HOWEVER, PAYMENTS OF
12 COMPENSATION HAVE BEEN MADE IN ANY CASE, SAID LIMITATIONS SHALL
13 NOT TAKE EFFECT UNTIL THE EXPIRATION OF [SIXTEEN MONTHS] THREE
14 YEARS FROM THE TIME OF THE MAKING OF THE MOST RECENT PAYMENT
15 MADE PRIOR TO THE DATE OF FILING SUCH PETITION.
16 IN CASES OF TOTAL DISABILITY FROM SILICOSIS, ANTHRACO-
17 SILICOSIS, COAL WORKER'S PNEUMOCONIOSIS, AND ASBESTOSIS WHERE
18 THE CLAIM IS ALLOWED, COMPENSATION SHALL BE PAYABLE AND COMMENCE
19 AS OF THE DATE THE CLAIM IS FILED.
20 SECTION 3. SECTION 1 OF THIS AMENDATORY ACT SHALL TAKE
21 EFFECT IMMEDIATELY AND BE RETROACTIVE TO THOSE EMPLOYES WHOSE
22 CLAIMS UNDER SECTION 301(I) HAVE BEEN DENIED PRIOR TO THE
23 EFFECTIVE DATE OF THIS ACT ON THE BASIS THAT THEY DO NOT MEET
24 THE REQUIREMENTS OF EXPOSURE TO A COAL, SILICA OR ASBESTOS
25 HAZARD WITHIN THE COMMONWEALTH FOR TWO YEARS AFTER THE EFFECTIVE
26 DATE OF "THE PENNSYLVANIA OCCUPATIONAL DISEASE ACT" AND SUCH
27 EMPLOYES SHALL BE ENTITLED TO COMPENSATION IF OTHERWISE
28 QUALIFIED UNDER THE PROVISIONS OF "THE PENNSYLVANIA OCCUPATIONAL
29 DISEASE ACT."
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