SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DiGIROLAMO, BELFANTI, BAKER, BRENNAN, CIVERA, CLYMER, D. COSTA, CREIGHTON, DRUCKER, EVERETT, GALLOWAY, GEIST, GIBBONS, GINGRICH, HALUSKA, HENNESSEY, HORNAMAN, KIRKLAND, KORTZ, KULA, LONGIETTI, McILVAINE SMITH, MELIO, METZGAR, MILLER, MILNE, MOUL, MYERS, O'NEILL, PALLONE, QUINN, READSHAW, SIPTROTH, K. SMITH, STABACK, STERN, SWANGER, TALLMAN, J. TAYLOR, YOUNGBLOOD, CALTAGIRONE, HOUGHTON AND FARRY, FEBRUARY 27, 2009

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 12, 2010   

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," providing for sole proprietors;

<--

further defining "employe." "employe"; and making a repeal.

<--

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 601(a) of the act of June 2, 1915 (P.L.

<--

736, No.338), known as the Workers' Compensation Act, reenacted

and amended June 21, 1939 (P.L.520, No.281), is amended by

adding a clause to read:

Section 1.  The act of June 2, 1915 (P.L.736, No.338), known

<--

as the Workers' Compensation Act, reenacted and amended June 21,

1939 (P.L.520, No.281), is amended by adding a section to read:

Section 451.  Insurers, including the State Workers'

Insurance Fund, are authorized to provide, to sole proprietors,

partners of a partnership or officers of a limited liability

company, workers' compensation insurance equivalent to that

which employers provide to employes which insure their liability

under Article III. In all cases where an injury which is

compensable under the terms of this coverage is received by a

sole proprietor, partner or officer, there is a rebuttable

presumption that his wages shall be equal to fifty per centum of

the Statewide average weekly wage for the purpose of computing

his compensation under sections 306 and 307.

Section 2.  Section 601(a) of the act is amended by adding a

clause to read:

Section 601.  (a)  In addition to those persons included

within the definition of the word "employe" as defined in

section 104, "employe" shall also include:

* * *

(11)  Individuals who:

(i)  have completed the Community Emergency Response Team

program as outlined by the Federal Emergency Management Agency;

(ii)  are authorized in writing by a county or municipality

to assist first responders in disaster assistance;

(iii)  are acting voluntarily in the capacity of assisting

first responders in an emergency or disaster;

(iv)  are properly dispatched by the municipality or county 

to be acting in capacity of assisting first responders;

(v)  are injured while actively engaged in assisting first

responders or going to or from the emergency or disaster; and

(vi)  have written acknowledgments, in advance of injury,

from the county or municipality stating that the county or

municipality opts to cover the individuals under this act and

assumes liability for the individuals.

* * *

Section 3.  Section 1526 of the act, added June 24, 1996

<--

(P.L.350, No.57) is repealed:

[Section 1526.  (a)  The fund is authorized to provide to

sole proprietors or partners engaged in logging or logging-

related businesses coverage equivalent to that which the fund

provides to employers which insure their liability under Article

III. This coverage shall be provided in accordance with this

article. In all cases where an injury which is compensable under

the terms of this coverage is received by a sole proprietor or a

partner engaged solely in logging or logging-related businesses,

there is a rebuttable presumption that his wages shall be equal

to fifty per centum of the Statewide average weekly wage for the

purpose of computing his compensation under sections 306 and

307.

(b)  For purposes of this section, "logging" or "logging-

related business" means the cutting of trees, any skidding

activity and the transportation of logs or raw lumber, including

the construction, operation, maintenance and extension of

logging roads or trails.]

Section 2 4.  This act shall take effect in 60 days. as

<--

follows:

(1)  The amendment of section 601 of the act shall take

effect in 60 days.

(2)  This section and the remainder of this act shall

take effect immediately.