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," in interpretation and definitions,
8further providing for definitions<-; and in liability and 
9compensation, further providing for the receipt of 
10compensation.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 104 of the act of June 2, 1915 (P.L.736,
14No.338), known as the Workers' Compensation Act, reenacted and
15amended June 21, 1939 (P.L.520, No.281) and amended June 24,
161996 (P.L.350, No.57), is amended to read:

17Section 104. The term "employe," as used in this act is
18declared to be synonymous with servant, and includes--

19All natural persons who perform services for another for a

1valuable consideration, exclusive of persons subject to coverage 
2under the Longshore and Harbor Workers' Compensation Act (44 
3Stat. 1424, 33 U.S.C. § 901 et seq.) or the Merchant Marine Act 
4of 1920 (41 Stat. 988, 46 U.S.C. § 861 et seq.)<-, or any other 
5workers' compensation laws of the Federal Government, or persons
6whose employment is casual in character and not in the regular
7course of the business of the employer, and exclusive of persons
8to whom articles or materials are given out to be made up,
9cleaned, washed, altered, ornamented, finished or repaired, or
10adapted for sale in the worker's own home, or on other premises,
11not under the control or management of the employer. Except as
12hereinafter provided in clause (c) of section 302 and sections
13305 and 321, every executive officer of a corporation elected or
14appointed in accordance with the charter and by-laws of the
15corporation, except elected officers of the Commonwealth or any
16of its political subdivisions, shall be an employe of the
17corporation. An executive officer of a for-profit corporation or
18an executive officer of a nonprofit corporation who serves
19voluntarily and without remuneration may, however, elect not to
20be an employe of the corporation for the purposes of this act.
21For purposes of this section, an executive officer of a for-
22profit corporation is an individual who has an ownership
23interest in the corporation, in the case of a Subchapter S
24corporation as defined by the act of March 4, 1971 (P.L.6,
25No.2), known as the "Tax Reform Code of 1971," or an ownership
26interest in the corporation of at least five per centum, in the
27case of a Subchapter C corporation as defined by the Tax Reform
28Code of 1971.

29Section 2. Section 322 of the act, added<- July 2, 1993
30(P.L.190, No.44), is amended to read:

1Section 322. It shall be unlawful for any employe to receive
2compensation under this act if he is [at the same time] subject
3to receiving workers' compensation under the laws of [the
4Federal Government or] any other state, or if he is subject to
5coverage under the Longshore and Harbor Workers' Compensation
6Act (44 Stat. 1424, 33 U.S.C. § 901 et seq.) or the Merchant
7Marine Act of 1920 (41 Stat. 988, 46 U.S.C. § 861 et seq.), or
8any other workers' compensation laws of the Federal Government
9for the same injury. Further, it shall be unlawful for an
10employe receiving compensation under this act simultaneously
11from two or more employers or insurers during any period of
12total disability to receive total compensation in excess of the
13maximum benefit under this act. Nothing in this section shall be
14deemed to prohibit payment of workers' compensation on a pro-
15rata basis, where an employe suffers from more than one injury
16while in the employ of more than one employer: Provided,
17however, That the total compensation paid shall not exceed the
18maximum weekly compensation payable under this act: And,
19Provided further, That any such pro rata calculation shall be
20based upon the earnings by such an employe in the employ of each
21such employer and that all wage losses suffered as a result of
22any injury which is compensable under this act shall be used as
23the basis for calculating the total compensation to be paid on a
24pro rata basis.

25Section <-3 2. This act shall take effect immediately.