A02899
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1837
Session of
2021
INTRODUCED BY IRVIN, JAMES, KEEFER, PICKETT, ROWE AND JOZWIAK,
SEPTEMBER 2, 2021
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 2021
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "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," in procedure, further
providing for modifications, reinstatements, suspensions and
terminations and for compromise and release.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 449(c) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act, is
amended to read:
Section 1. Sections 413(c) and (d) and 449(c) of the act of
June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, are amended to read:
Section 413. * * *
(c) Notwithstanding any provision of this act, an insurer
may suspend the compensation during the time the employe has
returned to work at his prior or increased earnings upon written
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notification of suspension by the insurer to the employe and the
department, on a form prescribed by the department for this
purpose. The notification of suspension shall include [an
affidavit] a verification by the insurer that compensation has
been suspended because the employe has returned to work at prior
or increased earnings. The insurer must mail the notification of
suspension to the employe and the department within seven days
of the insurer suspending compensation.
(1) If the employe contests the averments of the insurer's
[affidavit] verification, a special supersedeas hearing before a
workers' compensation judge may be requested by the employe
indicating by a checkoff on the notification form that the
suspension of benefits is being challenged and filing the
notification of challenge with the department within twenty days
of receipt of the notification of suspension from the insurer.
The special supersedeas hearing shall be held within twenty-one
days of the employe's filing of the notification of challenge.
(2) If the employe does not challenge the insurer's
notification of suspension within twenty days under paragraph
(1), the employe shall be deemed to have admitted to the return
to work and receipt of wages at prior or increased earnings. The
insurer's notification of suspension shall be deemed to have the
same binding effect as a fully executed supplemental agreement
for the suspension of benefits.
(d) Notwithstanding any provision of this act, an insurer
may modify the compensation payments made during the time the
employe has returned to work at earnings less than the employe
earned at the time of the work-related injury, upon written
notification of modification by the insurer to the employe and
the department, on a form prescribed by the department for this
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purpose. The notification of modification shall include [an
affidavit] a verification by the insurer that compensation has
been modified because the employe has returned to work at lesser
earnings. The insurer must mail the notification of modification
to the employe and the department within seven days of the
insurer's modifying compensation.
(1) If the employe contests the averments of the insurer's
[affidavit] verification, a special supersedeas hearing before a
workers' compensation judge may be requested by the employe
indicating by a checkoff on the notification form that the
modification of benefits is being challenged and filing the
notification of challenge with the department within twenty days
of receipt of the notification of modification from the insurer.
The special supersedeas hearing shall be held within twenty-one
days of the employe's filing of the notification of challenge.
(2) If the employe does not challenge the insurer's
notification of modification within twenty days under paragraph
(1), the employe shall be deemed to have admitted to the return
to work and receipt of wages at lesser earnings as alleged by
the insurer. The insurer's notification of modification shall be
deemed to have the same binding effect as a fully executed
supplemental agreement for the modification of benefits.
Section 449. * * *
(c) Every compromise and release by stipulation shall be in
writing and duly executed, and the signature of the employe,
widow or widower or dependent shall be attested by two witnesses
or acknowledged before a notary public. However, the attestation
by two witnesses or acknowledgment before a notary public shall
not be required if the employe, widow or widower or dependent
personally appears before the workers' compensation judge FOR
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THE PURPOSES OF A HEARING REQUIRED under subsection (b) and
provides a sworn oral statement that he or she understands the
full legal significance of the agreement. The document shall
specify:
(1) the date of the injury or occupational disease;
(2) the average weekly wage of the employe as calculated
under section 309;
(3) the injury, the nature of the injury and the nature of
disability, whether total or partial;
(4) the weekly compensation rate paid or payable;
(5) the amount paid or due and unpaid to the employe or
dependent up to the date of the stipulation or agreement or
death and the amount of the payment of disability benefits then
or thereafter to be made;
(6) the length of time such payment of benefits is to
continue;
(7) in the event of a lien for subrogation under section
319, the total amount of compensation paid or payable which
should be allowed to the employer or insurer;
(8) in the case of death:
(i) the date of death;
(ii) the name of the widow or widower;
(iii) the names and ages of all children;
(iv) the names of all other dependents; and
(v) the amount paid or to be paid under section 307 and to
whom payment is to be made;
(9) a listing of all benefits received or available to the
claimant;
(10) a disclosure of the issues of the case and the reasons
why the parties are agreeing to the agreement; and
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(11) the fact that the claimant is represented by an
attorney of his or her own choosing or that the claimant has
been specifically informed of the right to representation by an
attorney of his or her own choosing and has declined such
representation.
* * *
Section 2. This act shall take effect in 60 days.
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