AN ACT

 

1Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2reenacted and amended, "An act defining the liability of an
3employer to pay damages for injuries received by an employe
4in the course of employment; establishing an elective
5schedule of compensation; providing procedure for the
6determination of liability and compensation thereunder; and
7prescribing penalties," further providing for workers'
8compensation benefits for certain emergency medical services
9personnel.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 601(a)(1), (2) and (3) and (c) of the act
13of June 2, 1915 (P.L.736, No.338), known as the Workers'
14Compensation Act, reenacted and amended June 21, 1939 (P.L.520,
15No.281) and amended July 11, 1980 (P.L.577, No.121), are amended
16to read:

17Section 601. (a) In addition to those persons included
18within the definition of the word "employe" as defined in
19section 104, "employe" shall also include:

20(1) members of volunteer fire departments or volunteer fire 

1companies, including any paid fireman who is a member of a 
2volunteer fire company and performs the services of a volunteer 
3fireman for another department or company during off-duty hours, 
4who shall be entitled to receive compensation in case of 
5injuries received while actively engaged as firemen or while 
6going to or returning from a fire which the fire company or fire 
7department attended including travel from and the direct return 
8to a fireman's home, place of business or other place where he 
9shall have been when he received the call or alarm or while 
10participating in instruction fire drills in which the fire 
11department or fire company shall have participated or while 
12repairing or doing other work about or on the fire apparatus or 
13buildings and grounds of the fire company or fire department 
14upon the authorization of the chief of the fire company or fire 
15department or other person in charge or while answering any 
16emergency calls for any purpose or while riding upon the fire 
17apparatus which is owned or used by the fire company or fire 
18department or while performing any other duties of such fire 
19company or fire department as authorized by the responding 
20municipality or while performing duties imposed by section 15, 
21act of April 27, 1927 (P.L.465, No.299), referred to as the Fire 
22and Panic Act;

23(2) [all] members of volunteer [ambulance corps of the
24various municipalities who shall be and are hereby declared to
25be employes of such] emergency medical services agencies, as 
26provided for under 35 Pa.C.S. § 8103 (relating to definitions), 
27who are volunteers, including any paid emergency medical 
28responder who is a member of a volunteer emergency medical 
29services agency and performs the services of a volunteer 
30emergency medical responder for another agency during off-duty 

1hours, are employes of the responding municipality for the
2purposes of this act who shall be entitled to receive
3compensation [in the case of] for injuries received while
4[actually engaged as ambulance corpsmen] in the performance of 
5their duties as emergency medical responders or while going to
6or returning from any fire, accident, or other emergency which
7such [volunteer ambulance corps] emergency medical responder
8shall attend including travel from and the direct return to a
9[corpsman's] emergency medical responder's home, place of
10business or other place where he shall have been when he
11received the call or alarm; or while participating [in ambulance
12corps] with an emergency medical services agency of which they
13are members; or while repairing or doing other work about or on
14the ambulance apparatus or buildings and grounds of such
15[ambulance corps] emergency medical services agency upon the
16authorization of the [corps] agency's president or other person
17in charge; or while answering any emergency call for any purpose
18or while riding in or upon the ambulance apparatus owned by the
19[ambulance corps] emergency medical services agency of which
20they are members at any time or while performing any other
21duties of such [ambulance corps] emergency medical responder as
22are authorized by the municipality;

23[(3) members of volunteer rescue and lifesaving squads of
24the various municipalities who shall be and are hereby declared
25to be employes of such municipalities for the purposes of this
26act and who shall be entitled to receive compensation in the
27case of injuries received while actually engaged as a rescue and
28lifesaving squad member attending to any emergency to which that
29squad has been called or responded including travel from and the
30direct return to a squad person's home, place of business or

1other place where he shall have been when he received the call
2or alarm or while participating in rescue and lifesaving drills
3in which the squad is participating; while repairing or doing
4other work about or on the apparatus, buildings and grounds of
5such rescue and lifesaving squad upon the authorization of the
6chief or other person in charge; or while riding in or upon the
7apparatus of the rescue and lifesaving squad and at any time
8while performing any other duties authorized by the
9municipality;]

10* * *

11(c) Whenever any member of a volunteer fire company,
12volunteer fire department, volunteer [ambulance corps] emergency 
13medical services agency, or rescue and lifesaving squad is
14injured in the performance of duties in State Parks and State
15Forest Land, [they] the member shall be deemed to be an employe
16of the Department of Environmental Resources.

17* * *

18Section 2. Section 602 of the act, added June 19, 2002
19(P.L.419, No.60), is amended to read:

20Section 602. (a) The following shall apply:

21(1) A municipality or an area of a municipality which
22receives emergency services pursuant to a contract, standing
23agreement or arrangement from a volunteer emergency service
24provider located in a host or responding municipality shall
25reimburse the host municipality under the provisions of either
26clause (2) or (3).

27(2) Reimbursement under clause (1) shall be for a portion of
28the cost of the workers' compensation premiums covering the
29members of the volunteer emergency service provider. The
30appropriate portion of the cost shall be determined as follows:

1(i) Determine the population ratio of the municipality or
2the area of the municipality receiving emergency services to the
3entire population (host or responding municipality and the
4municipality or the area of the municipality) receiving
5emergency services from the volunteer emergency service
6provider. The following shall apply:

7(A) No segment of the population of the municipality or area
8of the municipality receiving emergency services may be included
9in more than one service area for purposes of calculating the
10ratio under subclause (i).

11(B) If the first due area for fire protection services and
12the first due area for emergency medical services differ within
13a municipality or an area of a municipality receiving emergency
14services, then the ratio under subclause (i) shall be calculated
15using the first due area for fire protection services.

16(ii) Multiply the ratio under subclause (i) by the host or 
17responding municipality's entire cost of the workers'
18compensation premium for covering volunteer members of the
19volunteer emergency [service] services provider.

20(3) The host or responding municipality and the municipality
21receiving the emergency services may agree to share the cost on
22some other basis.

23(b) As used in this section:

24"Emergency services" shall mean any of the following:

25(i) Fire protection services.

26[(ii) Ambulance services.]

27(iii) Emergency medical services.

28[(iv) Quick response services.]

29(v) Emergency management services.

30[(vi) Rescue and lifesaving services.]

1(vii) Hazardous material support services.

2(viii) Certified hazardous materials response services.

3"Host or responding municipality" shall mean a municipality
4that is responsible for workers' compensation premiums for an
5emergency service provider located within its corporate
6boundaries.

7"Volunteer emergency service provider" shall mean any of the
8following:

9(i) A volunteer fire company.

10(ii) [A volunteer ambulance corps] An emergency medical 
11services agency as defined under 35 Pa.C.S. § 8103 (relating to 
12definitions.

13[(iii) A volunteer quick response service.

14(iv) A volunteer rescue and lifesaving squad.]

15(v) A volunteer hazardous materials support team.

16(vi) A volunteer certified municipal emergency management
17coordinator.

18(vii) A volunteer hazardous materials response team.

19Section 3. This act shall take effect immediately.