PRINTER'S NO. 1186
No. 1067 Session of 1981
INTRODUCED BY PITTS, MACKOWSKI, DAIKELER, ARMSTRONG, MADIGAN,
MERRY AND BOYES, MARCH 31, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 31, 1981
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 amended, "An act defining the liability of an employer to pay
3 damages for injuries received by an employe in the course of
4 employment; establishing an elective schedule of
5 compensation; providing procedure for the determination of
6 liability and compensation thereunder; and prescribing
7 penalties," further providing for the requirements for filing
8 certain petitions for termination or modification.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Subsection (a) of section 413, act of June 2,
12 1915 (P.L.736, No.338), known as "The Pennsylvania Workmen's
13 Compensation Act," reenacted and amended June 21, 1939 (P.L.520,
14 No.281), amended April 4, 1974 (P.L.239, No.56) and December 5,
15 1974 (P.L.782, No.263), is amended to read:
16 Section 413. (a) A referee of the department may, at any
17 time, review and modify or set aside a notice of compensation
18 payable and an original or supplemental agreement or upon
19 petition filed by either party with the department, or in the
20 course of the proceedings under any petition pending before such
1 referee, if it be proved that such notice of compensation
2 payable or agreement was in any material respect incorrect.
3 A referee designated by the department may, at any time,
4 modify, reinstate, suspend, or terminate a notice of
5 compensation payable, an original or supplemental agreement or
6 an award of the department or its referee, upon petition filed
7 by either party with the department, upon proof that the
8 disability of an injured employe has increased, decreased,
9 recurred, or has temporarily or finally ceased, or that the
10 status of any dependent has changed. Such modification,
11 reinstatement, suspension, or termination shall be made as of
12 the date upon which it is shown that the disability of the
13 injured employe has increased, decreased, recurred, or has
14 temporarily or finally ceased, or upon which it is shown that
15 the status of any dependent has changed: Provided, That, except
16 in the case of eye injuries, no notice of compensation payable,
17 agreement or award shall be reviewed, or modified, or
18 reinstated, unless a petition is filed with the department
19 within three years after the date of the most recent payment of
20 compensation made prior to the filing of such petition. Where,
21 however, a person is receiving benefits pursuant to the act of
22 June 28, 1935 (P.L.477, No.193), referred to as the Heart and
23 Lung Act, the two-year period in which a petition to review,
24 modify, or reinstate a notice of compensation, agreement or
25 award must be filed, shall not begin to run until the expiration
26 of the receipt of benefits pursuant to the Heart and Lung Act:
27 And provided further, That any payment made under an established
28 plan or policy of insurance for the payment of benefits on
29 account of nonoccupational illness or injury and which payment
30 is identified as not being workmen's compensation shall not be
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1 considered to be payment in lieu of workmen's compensation, and
2 such payment shall not toll the running of the Statute of
3 Limitations: And provided further, That where compensation has
4 been suspended because the employe's earnings are equal to or in
5 excess of his wages prior to the injury that payments under the
6 agreement or award may be resumed at any time during the period
7 for which compensation for partial disability is payable, unless
8 it be shown that the loss in earnings does not result from the
9 disability due to the injury.
10 The referee to whom any such petition has been assigned may
11 subpoena witnesses, hear evidence, make findings of fact, and
12 award or disallow compensation, in the same manner and with the
13 same effect and subject to the same right of appeal, as if such
14 petition were an original claim petition.
15 The filing of a petition to terminate or modify a notice of
16 compensation payable or a compensation agreement or award as
17 provided in this section shall operate as a supersedeas, and
18 shall suspend the payment of compensation fixed in the agreement
19 or by the award, in whole or to such extent as the facts alleged
20 in the petition would, if proved, require only when such
21 petition alleges that the employe has returned to work at his
22 prior or increased earnings or where the petition alleges that
23 the employe has fully recovered and is accompanied by [an
24 affidavit of a physician on a form prescribed by the department]
25 a letter from a physician to that effect which is based upon an
26 examination made within [fifteen] forty-five days of the filing
27 of the petition. In any other case, a petition to terminate or
28 modify a compensation agreement or other payment arrangement or
29 award as provided in this section shall not automatically
30 operate as a supersedeas but may be designated as a request for
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1 a supersedeas, which may then be granted at the discretion of
2 the referee hearing the case. A supersedeas shall serve to
3 suspend the payment of compensation in whole or to such extent
4 as the facts alleged in the petition would, if proved, require.
5 The referee hearing the case shall rule on the request for a
6 supersedeas as soon as possible and may approve the request if
7 proof of a change in medical status, or proof of any other fact
8 which would serve to modify or terminate payment of compensation
9 is submitted with the petition. The referee hearing the case may
10 consider any other fact which he deems to be relevant when
11 making the decision on the supersedeas request and the decision
12 shall not be appealable.
13 * * *
14 Section 2. This act shall take effect in 60 days.
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