THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUSTIO, FRANKEL, BOYD, CLYMER, GINGRICH, GRELL, KAUFFMAN, KORTZ, MARSHALL, MILLARD, OBERLANDER, PEIFER, PICKETT, VULAKOVICH, DENLINGER, TRUITT AND PERRY, FEBRUARY 4, 2011

AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 12, 2011   

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 insurance for different

forms of business; and repealing provisions on logging.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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 members of a limited

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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

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is compensable under the terms of this coverage is received by a

sole proprietor or partner, 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. For the purposes of

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computing the premium charge, the wages of a sole proprietor,

partner or member shall be at least equal to the minimum payroll

for a corporate officer, and no more than the maximum payroll

for a corporate officer, as established by underwriting rules

approved by the Insurance Department. If an injury is

compensable under the terms of this coverage, it shall be a

rebuttable presumption that the wages of the injured individual

are at least equal to minimum payroll for a corporate officer

for the purposes of calculating his average weekly wage and

paying benefits under sections 306 and 307.

Section 2.  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 3.  This act shall take effect in 60 days.