PRINTER'S NO. 2415
No. 1852 Session of 1985
INTRODUCED BY COHEN, PITTS, BELARDI, PETRARCA, PUNT, DeWEESE,
CAWLEY, MERRY, JACKSON, CARLSON, ACOSTA, CARN, FREEMAN,
RICHARDSON, STEWART, PETRONE, RYBAK, FREIND, FATTAH, JOSEPHS,
LEVDANSKY, DeLUCA, BELFANTI, CORDISCO, KASUNIC, DALEY,
SIRIANNI, KOSINSKI, CHADWICK, E. Z. TAYLOR, HOWLETT AND
FLICK, OCTOBER 29, 1985
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 29, 1985
AN ACT
1 Amending Title 77 (Workers' Compensation) of the Pennsylvania
2 Consolidated Statutes, adding revised, compiled and codified
3 provisions relating to workers' compensation; making
4 conforming amendments to Titles 30, 35, 40, 42, 51 and 71;
5 and making repeals.
6 TABLE OF CONTENTS
7 TITLE 77
8 WORKERS' COMPENSATION
9 PART I. ADMINISTRATION
10 Chapter 1. General Provisions
11 § 101. Short title of title.
12 § 102. Definitions.
13 § 103. Powers and duties of department.
14 § 104. Workers' Compensation Appeal Board.
15 § 105. Workers' compensation referees.
16 § 106. Oaths.
17 § 107. Rules and forms.
1 § 108. Subpoena power.
2 § 109. Investigatory power.
3 § 110. Commonwealth contracts.
4 § 111. Workers' Compensation Advisory Council.
5 Chapter 5. Administration, Subsequent Injury and Supersedeas
6 Funds
7 Subchapter A. Workers' Compensation Administration Fund
8 § 501. Definitions.
9 § 502. Workers' Compensation Administration Fund.
10 § 503. Assessments.
11 § 504. Budget and appropriation.
12 § 505. Notice and payment.
13 § 506. Objections.
14 § 507. Action for recovery of assessment.
15 § 508. Records.
16 § 509. Administration and audit.
17 § 510. Reports.
18 § 511. Allowance by Insurance Department.
19 Subchapter B. Subsequent Injury Fund
20 § 521. Subsequent Injury Fund.
21 § 522. Assessments.
22 Subchapter C. Supersedeas Fund
23 § 541. Supersedeas Fund.
24 § 542. Assessments.
25 § 543. Objections.
26 § 544. Action for recovery of assessment.
27 § 545. Records.
28 § 546. Administration and audit.
29 PART II. WORKERS' COMPENSATION
30 Chapter 11. Definitions, Application and Coverage
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1 Subchapter A. General Provisions
2 § 1101. Short title of part.
3 § 1102. Application of part.
4 § 1103. Employer.
5 § 1104. Employee.
6 § 1105. Statewide average weekly wage.
7 § 1106. Maximum weekly compensation payable.
8 § 1107. Enumeration of occupational diseases.
9 § 1108. Business of public authorities.
10 § 1109. Domestic service.
11 § 1110. Agricultural labor.
12 § 1111. Exceptions for members of religious sects.
13 Subchapter B. Extraterritoriality
14 § 1121. Definitions.
15 § 1122. Principally localized employment.
16 § 1123. Application of part to injuries occurring outside
17 Commonwealth.
18 § 1124. Payment of award of compensation under law of foreign
19 jurisdiction.
20 § 1125. Exclusive coverage not intended.
21 § 1126. Coverage by nonresident employer.
22 Subchapter C. Additional Coverages
23 § 1141. Definition.
24 § 1142. Application of subchapter.
25 § 1143. Auxiliary police.
26 § 1144. Special school police.
27 § 1145. Volunteer fire departments.
28 § 1146. Volunteer ambulance corps.
29 § 1147. Volunteer rescue squads.
30 § 1148. State Parks and Forests Program.
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1 § 1149. Deputy game protectors.
2 § 1150. Deputy waterways conservation officers.
3 § 1151. Forest firefighters.
4 § 1152. Wages.
5 § 1153. Injuries on certain State land.
6 Chapter 13. Actions at Law
7 § 1301. Certain defenses denied.
8 § 1302. Liability for negligence of employees.
9 § 1303. Liability for certain laborers and assistants.
10 § 1304. Effect of release or benefits.
11 § 1305. Limited liability of fellow employee.
12 Chapter 15. Liability Provisions
13 § 1501. Employer liability.
14 § 1502. Exclusive liability.
15 § 1503. Insurance and exemption.
16 § 1504. Contractors.
17 § 1505. Laborers and assistants.
18 § 1506. Minors.
19 § 1507. Injury and death.
20 § 1508. Occupational disease.
21 § 1509. Occupational disease presumption.
22 § 1510. Employment within Commonwealth.
23 § 1511. Commonwealth liability.
24 § 1512. Notice.
25 § 1513. Limitation on claims.
26 Chapter 17. Schedule of Compensation
27 Subchapter A. Compensation for Injury
28 § 1701. Total disability.
29 § 1702. Partial disability.
30 § 1703. Specific loss.
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1 § 1704. Payment to survivors.
2 § 1705. Subsequent injuries.
3 § 1706. Waiting period.
4 Subchapter B. Compensation for Death
5 § 1721. Compensation for death.
6 § 1722. Payment to dependents.
7 § 1723. Payment to guardian, etc.
8 Subchapter C. Medical Services and Procedure
9 § 1741. Application of subchapter.
10 § 1742. Employer liability.
11 § 1743. Procedure.
12 § 1744. Medical services.
13 § 1745. Forfeiture upon refusal of service.
14 § 1746. Effect of payment on limitations period.
15 § 1747. Medical records.
16 § 1748. Medical examination.
17 Subchapter D. Miscellaneous Provisions
18 § 1761. Wages.
19 § 1762. Compensation in periodic installments.
20 § 1763. Commutation.
21 § 1764. Trusts.
22 § 1765. Subrogation.
23 § 1766. Preference rights.
24 § 1767. Aliens.
25 § 1768. Supplemental compensation.
26 § 1769. Interest.
27 § 1770. Prohibited compensation.
28 § 1771. Special compensation.
29 Chapter 19. Procedure
30 Subchapter A. General Provisions
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1 § 1901. Definitions.
2 § 1902. Duties of department.
3 § 1903. Delivery of papers to department.
4 § 1904. Docketing of papers.
5 § 1905. Service on parties in interest.
6 § 1906. Manner of service.
7 § 1907. Payment of compensation.
8 § 1908. Payment by agreement or notice.
9 § 1909. Modification by agreement.
10 § 1910. Agreement procedure.
11 § 1911. Final receipt.
12 Subchapter B. Proceedings Before Referees and Board
13 § 1931. Institution of proceedings.
14 § 1932. Assignment and service.
15 § 1933. Answer.
16 § 1934. Hearing.
17 § 1935. Hearing on petition.
18 § 1936. Substitution of referee.
19 § 1937. Public hearing.
20 § 1938. Modification of agreement or notice.
21 § 1939. Authority of referee.
22 § 1940. Supersedeas on petition.
23 § 1941. Unlawful modification of compensation.
24 § 1942. Return to work.
25 § 1943. Award or disallowance.
26 § 1944. Appeal to board.
27 § 1945. Findings of fact.
28 § 1946. Error of law.
29 § 1947. Appeal on capricious or fraudulent decision.
30 § 1948. Remand.
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1 § 1949. Evidence.
2 § 1950. Depositions and medical records.
3 § 1951. Evidence in claims of 25 weeks or less.
4 § 1952. Physicians and other experts.
5 § 1953. Supersedeas on appeal.
6 § 1954. Supersedeas reimbursement.
7 § 1955. Dispute between defendants or insurers.
8 § 1956. Disposition of compensation upon death of claimant.
9 § 1957. Rehearing.
10 Chapter 21. Miscellaneous Provisions
11 Subchapter A. Counsel Fees and Costs
12 § 2101. Award of fees and costs.
13 § 2102. Approval of counsel fees.
14 § 2103. Lien for fees and disbursements.
15 Subchapter B. Enforcement and Penalties
16 § 2121. Imposition of penalties.
17 § 2122. Noncompliance hearings.
18 § 2123. Revocation or suspension of license to insure.
19 § 2124. Suspension or revocation of privilege to self-insure.
20 § 2125. Conduct of adjustment business.
21 Subchapter C. Records and Reports
22 § 2141. Reports of injuries.
23 § 2142. Records of injuries.
24 § 2143. Annual reports of compensation paid.
25 Subchapter D. Judgments and Liens
26 § 2161. Entry of judgment upon default.
27 § 2162. Entry of judgment on agreement or petition.
28 § 2163. Disallowance of agreement or petition.
29 § 2164. Award of different amount.
30 § 2165. Modification of agreement or award.
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1 § 2166. Execution.
2 § 2167. Satisfaction of judgment.
3 § 2168. Costs of prothonotary.
4 § 2169. Entry of judgment following judicial review.
5 § 2170. Lien not divested by appeal.
6 PART III. INSURANCE PROVISIONS
7 Chapter 41. State Workers' Insurance Fund
8 Subchapter A. Preliminary Provisions
9 § 4101. Short title of chapter.
10 § 4102. Definitions.
11 Subchapter B. State Workers' Insurance Board
12 § 4121. State Workers' Insurance Board.
13 § 4122. Powers and duties.
14 § 4123. Information not public.
15 Subchapter C. State Workers' Insurance Fund
16 § 4141. Purpose and administration of fund.
17 § 4142. Duties of State Treasurer.
18 § 4143. Audit by Auditor General.
19 § 4144. Audit by Insurance Commissioner.
20 § 4145. Premiums.
21 § 4146. Determination of premium rates.
22 § 4147. List of subscribers.
23 § 4148. Risk classification.
24 § 4149. Maintenance of surplus.
25 § 4150. Reserves.
26 § 4151. Use of fund moneys.
27 § 4152. Application.
28 § 4153. Payment of premiums.
29 § 4154. Termination.
30 § 4155. Reports of injuries.
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1 § 4156. Penalties.
2 Chapter 43. Workers' Compensation Security Fund
3 § 4301. Short title of chapter.
4 § 4302. Definitions.
5 § 4303. Workers' Compensation Security Fund.
6 § 4304. Premium returns.
7 § 4305. Contributions.
8 § 4306. Enforcement.
9 § 4307. Payment of claims and recovery against insolvent
10 insurers.
11 § 4308. Notice of insolvency.
12 § 4309. Investigation and defense of claims.
13 § 4310. Allowance of contributions as expenses.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The heading of Title 77 of the Pennsylvania
17 Consolidated Statutes is amended and parts are added to read:
18 TITLE 77
19 [WORKMEN'S] WORKERS' COMPENSATION
20 Part
21 I. Administration
22 II. Workers' Compensation
23 III. Insurance Provisions
24 PART I
25 ADMINISTRATION
26 Chapter
27 1. General Provisions
28 5. Administration, Subsequent Injury and Supersedeas Funds
29 CHAPTER 1
30 GENERAL PROVISIONS
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1 Sec.
2 101. Short title of title.
3 102. Definitions.
4 103. Powers and duties of department.
5 104. Workers' Compensation Appeal Board.
6 105. Workers' compensation referees.
7 106. Oaths.
8 107. Rules and forms.
9 108. Subpoena power.
10 109. Investigatory power.
11 110. Commonwealth contracts.
12 111. Workers' Compensation Advisory Council.
13 § 101. Short title of title.
14 This title shall be known and may be cited as the "Workers'
15 Compensation Code."
16 § 102. Definitions.
17 Subject to additional definitions contained in subsequent
18 provisions of this title which are applicable to specific
19 provisions of this title, the following words and phrases when
20 used in this title shall have the meanings given to them in this
21 section unless the context clearly indicates otherwise:
22 "Board." The Workers' Compensation Appeal Board.
23 "Department." The Department of Labor and Industry of the
24 Commonwealth.
25 "Referee." A workers' compensation referee.
26 "Secretary." The Secretary of Labor and Industry of the
27 Commonwealth.
28 "State fund." The State Workers' Insurance Fund.
29 § 103. Powers and duties of department.
30 The department shall have the power and its duty shall be:
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1 (1) Administration and enforcement.--To administer and
2 enforce the laws of this Commonwealth relating to workers'
3 compensation.
4 (2) General supervision.--To receive and classify
5 reports of all accidents and injuries, to receive and examine
6 or disapprove agreements, supplemental agreements, notices,
7 receipts, final receipts and other papers in workers'
8 compensation cases and order the correction of any errors
9 therein and, by general rule, to regulate or waive the
10 filing, approval or disapproval of such papers in the
11 interest of fair, practical and prompt resolution of the
12 rights of the parties, as provided by law.
13 (3) Follow up.--To follow up in all cases in which
14 workers' compensation is payable, and see that compensation
15 is paid promptly and in accordance with the laws of this
16 Commonwealth.
17 (4) Advice to workers.--To advise injured workers and
18 others of their rights under this title.
19 (5) Compensation districts.--From time to time, to
20 divide this Commonwealth into such number of workers'
21 compensation districts as it deems advisable for the proper
22 administration of this title.
23 (6) Referral of claims and appeals.--To receive and
24 refer to referees all claims for compensation in contested or
25 unpaid cases, to receive and refer to the board all appeals
26 from decisions of referees and to mail copies of decisions to
27 all affected parties.
28 (7) Assistance to board.--To render to the board any
29 reasonable assistance requested by the board in the conduct
30 of its work.
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1 (8) Payment of certain compensation.--Except in cases in
2 which the Commonwealth's liability therefor is covered by
3 insurance, to prepare and issue to the State Treasurer
4 certificates or requisitions for the payment of workers'
5 compensation to injured employees of the Commonwealth.
6 (9) Occupational disease services.--To furnish to
7 persons adversely affected by occupational disease
8 appropriate counseling services, vocational rehabilitation
9 services and other supportive services designed to promote
10 employability to the extent these services are available and
11 practical.
12 § 104. Workers' Compensation Appeal Board.
13 (a) Status.--The Workers' Compensation Appeal Board shall be
14 a departmental administrative board of the department and shall
15 exercise its powers and perform its duties as an appellate board
16 independently of the secretary and any other official of the
17 department.
18 (b) Composition.--The board shall consist of at least three
19 appointed members, of whom the Governor shall designate one as
20 chairman. The Governor may, on the recommendation of the
21 secretary, increase the number of appointed members on the
22 board. The secretary shall be an ex officio member of the board.
23 (c) Quorum.--A majority of the total number of appointed
24 members on the board shall constitute a quorum, and no action of
25 the board shall be valid unless it has the concurrence of a
26 majority of the members present. A vacancy on the board shall
27 not impair the right of a quorum to exercise all the rights and
28 perform all the duties of the board.
29 (d) Secretary.--The secretary, with the approval of the
30 Governor, shall appoint a secretary to the board, who shall
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1 receive such salary as the secretary, with the approval of the
2 Governor, shall determine.
3 (e) Rules and regulations.--The board shall, in the manner
4 provided by law, adopt such rules and regulations as are
5 necessary to carry out its responsibilities under this title and
6 for the conduct of hearings before it. These rules and
7 regulations shall be consistent with this title and shall be
8 reasonably calculated to expedite the hearing and determination
9 of appeals and to insure full payment of compensation when due.
10 (f) Employees.--All clerical, stenographic and other
11 employees required by the board shall be appointed by the
12 department in accordance with the act of August 5, 1941
13 (P.L.752, No.286), known as the Civil Service Act.
14 § 105. Workers' compensation referees.
15 (a) Appointment and assignment.--There shall be in the
16 department as many workers' compensation referees as, in the
17 judgment of the secretary, shall be necessary properly to
18 administer this title. The referees shall be appointed by and
19 subject to the direction and control of the secretary, who shall
20 assign them to the various workers' compensation districts and
21 shall prescribe from time to time the duties to be performed by
22 them. The secretary may establish different classes of referees.
23 (b) Classified service.--All positions of workers'
24 compensation referees shall be in the classified service in
25 conformity with the act of August 5, 1941 (P.L.752, No.286),
26 known as the Civil Service Act.
27 (c) Powers and duties.--Each referee shall have the power
28 and duty to hear and determine those claims for compensation as
29 are assigned to him by the department and to perform those other
30 duties as required by the department or imposed upon him by law.
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1 Each decision of a referee shall be subject to appeal to the
2 board as provided by law.
3 § 106. Oaths.
4 The secretary and any assistant secretary, board member,
5 referee and clerks to referees are authorized and directed to
6 administer, without charge, any oath required under this title.
7 § 107. Rules and forms.
8 (a) Administration of title.--The department shall, in the
9 manner provided by law, adopt such rules and forms as are
10 necessary to carry out this title. The rules and forms shall be
11 reasonably calculated to:
12 (1) Expedite the reporting and processing of injury and
13 disease cases.
14 (2) Insure full payment of compensation when due.
15 (3) Expedite the hearing and determination of claims for
16 compensation and other petitions filed with the department
17 under this title.
18 (4) Provide the disabled employee or his dependents with
19 timely notice and information of his or their rights under
20 this title.
21 (b) Rules of procedure.--The department shall, in the manner
22 provided by law, adopt rules of procedure governing hearings
23 held before referees and other hearing officers of the
24 department.
25 § 108. Subpoena power.
26 (a) Authority.--The secretary, any referee and any member of
27 the board shall have the power to issue subpoenas to require the
28 attendance of witnesses or the production of books, documents
29 and papers pertinent to any hearing.
30 (b) Contempt.--Any witness who refuses to obey a subpoena,
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1 or who refuses to be sworn or affirmed to testify or who is
2 guilty of any contempt after notice to appear, may be punished
3 as for contempt of court and, for this purpose, an application
4 may be made to any court of common pleas within whose
5 territorial jurisdiction the offense was committed.
6 § 109. Investigatory power.
7 The board, department and any referee shall have the power to
8 conduct any investigation which may be deemed necessary in any
9 matter properly before them. These investigations may be made by
10 the board or referee personally or by any officer, employee or
11 inspector of the department or by any person or persons
12 authorized by law. Every inspector and employee of the
13 department is authorized and directed to conduct any
14 investigation authorized by this title at the request of the
15 board, department or any referee, with the consent of the
16 secretary.
17 § 110. Commonwealth contracts.
18 (a) Insurance coverage provision.--All contracts executed by
19 the Commonwealth, or any officer or bureau or agency thereof,
20 which involves the construction or doing of any work involving
21 the employment of labor, shall contain a provision that the
22 contractor shall insure his liability under Part II (relating to
23 workers' compensation), or file with the Commonwealth a
24 certificate of exemption from insurance issued by the
25 department.
26 (b) Proof of insurance.--Every officer of the Commonwealth,
27 or any agency thereof, who signs, on behalf of the Commonwealth,
28 any contract requiring in its performance the employment of
29 labor, shall require, before the contract is signed, proof that
30 the contractor with whom the contract is made has insured his
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1 liability under Part II or that the contractor has had issued to
2 him a certificate of exemption from insurance from the
3 department.
4 (c) Contracts in violation.--Any contract executed in
5 violation of this section shall be void.
6 § 111. Workers' Compensation Advisory Council.
7 (a) Creation and composition.--There shall be an advisory
8 council to be known as the Workers' Compensation Advisory
9 Council and to be composed of men and women with an equal number
10 of employer, employee and public representatives who may fairly
11 be representative because of their vocation, employment or
12 affiliations. The council shall consist of seven members
13 including the secretary, who shall be an ex officio member. The
14 members of the council shall be appointed by the secretary and
15 shall serve a term of two years and until their successors have
16 been appointed and qualified. The members of the council shall
17 select one of their number to be chairman.
18 (b) Powers and duties.--The council shall consider and
19 advise the department upon all matters related to the
20 administration of this title. The council may recommend to the
21 secretary upon its own initiative such changes in the provisions
22 of this title and the administration thereof as it deems
23 necessary and shall make periodic reports to the secretary
24 regarding the performance of its duties and functions.
25 (c) Hearings, etc.--In the performance of its duties, the
26 council may hold hearings, receive testimony, solicit and
27 receive comments and information from interested parties and the
28 general public and have full access to information relating to
29 the purposes of this title. The council shall not have access to
30 confidential medical information pertaining to individual
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1 claimants but may develop statistical studies and surveys
2 concerning the incidence of occupational injuries and diseases
3 generally.
4 (d) Personnel.--The secretary shall appoint an executive
5 secretary and other personnel as he shall deem necessary to aid
6 the council in the performance of its functions.
7 (e) Expenses.--The members of the council shall serve
8 without compensation but shall be entitled to be reimbursed for
9 all necessary expenses incurred in the discharge of their
10 duties. The compensation of employees and the amounts allowed
11 them and to members of the council for traveling and other
12 council expenses shall be deemed part of the expenses incurred
13 in connection with the administration of this title.
14 CHAPTER 5
15 ADMINISTRATION, SUBSEQUENT INJURY AND
16 SUPERSEDEAS FUNDS
17 Subchapter
18 A. Workers' Compensation Administration Fund
19 B. Subsequent Injury Fund
20 C. Supersedeas Fund
21 SUBCHAPTER A
22 WORKERS' COMPENSATION ADMINISTRATION FUND
23 Sec.
24 501. Definitions.
25 502. Workers' Compensation Administration Fund.
26 503. Assessments.
27 504. Budget and appropriation.
28 505. Notice and payment.
29 506. Objections.
30 507. Action for recovery of assessment.
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1 508. Records.
2 509. Administration and audit.
3 510. Reports.
4 511. Allowance by Insurance Department.
5 § 501. Definitions.
6 The following words and phrases when used in this subchapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Administration fund" or "fund." The Workers' Compensation
10 Administration Fund.
11 "Compensation" or "total compensation." Includes wage loss
12 indemnity and payments for medical expenses made under Part II
13 (relating to workers' compensation) and the former provisions of
14 the act of June 2, 1915 (P.L.736, No.338), known as The
15 Pennsylvania Workmen's Compensation Act, and the act of June 21,
16 1939 (P.L.566, No.284), known as The Pennsylvania Occupational
17 Disease Act.
18 § 502. Workers' Compensation Administration Fund.
19 There shall be a special fund in the State Treasury known as
20 the Workers' Compensation Administration Fund. The purpose of
21 this fund is to finance the operating and administrative
22 expenses of the department and the Workers' Compensation Appeal
23 Board and staff, but not the State Workers' Insurance Fund, in
24 the direct administration of this title including:
25 (1) Wages and salaries of employees.
26 (2) Reasonable travel expenses for employees while
27 engaged in official business.
28 (3) Moneys expended for office rental, equipment rental,
29 supplies, equipment, repairs, services, postage, books and
30 periodicals.
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1 § 503. Assessments.
2 The fund shall be maintained by no more than one annual
3 assessment payable in any calendar year on insurers and self-
4 insurers, including the State fund. The department shall make
5 assessments and collect moneys based on the ratio that the
6 insurer's or self-insurer's payments of compensation bear to the
7 total compensation paid in the preceding calendar year in which
8 the assessment is made. The total amount assessed shall be the
9 budget approved by the General Assembly on a fiscal year basis.
10 If on January 31 there exists in the administration fund any
11 money in excess of 150% of the current budget, the following
12 fiscal year's assessment shall be reduced by an amount equal to
13 that excess amount.
14 § 504. Budget and appropriation.
15 If the General Assembly fails to approve the department's
16 budget for the purposes of this title by November 30, the
17 department shall assess insurers, self-insurers and the State
18 fund on the basis of the last approved operating budget. At such
19 time as the General Assembly approves the proposed budget, the
20 department may make an adjustment in the assessments to reflect
21 the approved budget. If the General Assembly fails to approve
22 the department's budget prior to July 1 of any fiscal year,
23 moneys in the fund are hereby appropriated to the department for
24 the purposes of this title.
25 § 505. Notice and payment.
26 The department shall give notice to every insurer and self-
27 insurer, including the State fund, of the amount assessed
28 against them on or before November 30 of each year. Payment of
29 assessments shall be made to the department on or before January
30 31 of the next year unless the department specifies on the
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1 notices sent to all insurers and self-insurers an installment
2 plan of payment, in which case the insurer shall pay each
3 installment on or before the date specified by the department.
4 § 506. Objections.
5 (a) Grounds.--Within 15 days after the receipt of the
6 assessment notice, the insurer or self-insurer against which the
7 assessment has been made may file with the department objections
8 setting out in detail the grounds upon which the objector
9 regards the assessment to be excessive, erroneous, unlawful or
10 invalid.
11 (b) Hearing and decision.--The department, after notice to
12 the objector, shall hold a hearing upon the objections. After
13 the hearing, the department shall record its findings on the
14 objections and shall transmit to the objector, by certified
15 mail, notice of the amount, if any, charged against it in
16 accordance with the findings which amount or any installment
17 thereof then due shall be paid by the objector within ten days
18 after receipt of notice of the findings.
19 (c) Recommendation to Insurance Department.--If any payment
20 required under this section is not made, the department may
21 recommend to the Insurance Department that appropriate action be
22 taken against the insurer or self-insurer, including revocation
23 or suspension of the company's license to transact business in
24 this Commonwealth.
25 (d) Presumption and burden of proof.--The determination of
26 the assessments and the records and data upon which the
27 determination is made shall be considered prima facie correct.
28 In any proceeding instituted to challenge the reasonableness or
29 correctness of any assessment under this subchapter the party
30 challenging the assessment shall have the burden of proof.
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1 § 507. Action for recovery of assessment.
2 (a) Prompt payment of assessment.--No suit or proceeding
3 shall be maintained in any court for the purpose of restraining
4 or in anywise delaying the collection or payment of any
5 assessment made under this subchapter and every insurer or self-
6 insurer against which an assessment is made shall pay the
7 assessment as provided in this subchapter.
8 (b) Time of and grounds for recovery action.--Any insurer or
9 self-insurer making the payment may, at any time within two
10 years from the date of payment, sue the Commonwealth in an
11 action at law to recover the amount paid, or any part thereof,
12 upon the ground that the assessment was excessive, erroneous,
13 unlawful or invalid, in whole or in part, provided objections
14 were filed with the department and payment of the assessment was
15 made under protest either as to all or part thereof.
16 (c) Actions limited to issues of law.--In any action for
17 recovery of any payments made under this section, the claimant
18 may raise every relevant issue of law but the findings of fact
19 made by the department pursuant to this section shall be prima
20 facie evidence of the facts stated.
21 (d) Refund.--If it is finally determined in the action that
22 all or any part of the assessment for which payment was made
23 under protest was excessive, erroneous, unlawful or invalid, the
24 department shall make a refund to the claimant out of the fund
25 as directed by the court.
26 § 508. Records.
27 The department shall keep a record of the manner in which it
28 computed the amount assessed against every insurer or self-
29 insurer. The records shall be open to inspection by all
30 interested parties.
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1 § 509. Administration and audit.
2 The secretary shall be the administrator of the fund and may
3 dispense and disburse moneys from the fund for the purposes of
4 this title at his discretion. Estimates of the amounts to be
5 expended annually shall be submitted by the secretary to the
6 Governor for his approval or disapproval as in the case of other
7 appropriations made to Commonwealth agencies. The State
8 Treasurer shall be the custodian of the fund. It is unlawful for
9 the State Treasurer to honor any requisition for the expenditure
10 of any moneys from the fund by the secretary in excess of
11 estimates approved by the Governor. The fund shall be audited by
12 the Auditor General annually and a copy of the report of the
13 audit shall be furnished to assessed insurers and self-insurers
14 upon request.
15 § 510. Reports.
16 Annual reports of the total compensation paid by insurers,
17 self-insurers and the State fund shall be made on a calendar
18 year basis to the department not later than April 15 of the
19 following year. Annual reports may be filed in substantially the
20 same form as are annual reports filed with the Insurance
21 Department.
22 § 511. Allowance by Insurance Department.
23 Contributions to the fund, at the rates determined under this
24 subchapter, shall be allowed in full by the Insurance Department
25 and the insurers shall be permitted to fund on an immediate and
26 prospective basis for these costs.
27 SUBCHAPTER B
28 SUBSEQUENT INJURY FUND
29 Sec.
30 521. Subsequent Injury Fund.
19850H1852B2415 - 22 -
1 522. Assessments.
2 § 521. Subsequent Injury Fund.
3 There shall be a special fund in the State Treasury known as
4 the Subsequent Injury Fund. The department is charged with the
5 conservation of the assets of the fund. The purpose of the fund
6 is to pay awards of compensation made under section 1705
7 (relating to subsequent injuries).
8 § 522. Assessments.
9 The injury fund shall be maintained at an amount of $100,000
10 by assessing each insurer a proportion of the amount expended
11 from the fund during the preceding year that the total
12 compensation paid by the insurers during that year bore to the
13 total compensation paid by all insurers that year.
14 SUBCHAPTER C
15 SUPERSEDEAS FUND
16 Sec.
17 541. Supersedeas Fund.
18 542. Assessments.
19 543. Objections.
20 544. Action for recovery of assessment.
21 545. Records.
22 546. Administration and audit.
23 § 541. Supersedeas Fund.
24 There shall be a special fund in the State Treasury known as
25 the Supersedeas Fund. The purpose of the fund is to provide
26 moneys for payments under section 1954 (relating to supersedeas
27 reimbursement) including reimbursement to the Commonwealth for
28 any such payments made from general revenues. The department is
29 charged with the maintenance and conservation of the fund.
30 § 542. Assessments.
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1 (a) Annual assessment.--The fund shall be maintained by
2 annual assessments on insurers and self-insurers, including the
3 State Workers' Insurance Fund. The department shall make
4 assessments and collect moneys under this subchapter.
5 (b) Basis.--Assessments shall be based on the ratio that an
6 insurer's or self-insurer's payments of compensation bear to the
7 total compensation paid in the year preceding the year of
8 assessment. The total amount to be assessed shall be 100% of the
9 amount reimbursed to insurers and self-insurers in the preceding
10 year under section 1954 (relating to supersedeas reimbursement).
11 (c) Notice.--The department shall give notice to every
12 insurer and self-insurer, including the State fund, of the
13 amount assessed against them on or before June 30 of the year
14 following the year upon which the assessment is based.
15 (d) Payment.--Payment of assessments shall be made to the
16 department within 30 days of receipt of notice of the amount
17 assessed, unless the department specifies on the notice an
18 installment plan of payment, in which case each insurer shall
19 pay each installment on or before the date specified by the
20 department.
21 § 543. Objections.
22 (a) Grounds.--The insurer or self-insurer against which the
23 assessment has been made may file with the department objections
24 setting out in detail the grounds upon which the objector
25 regards the assessment to be excessive, erroneous, unlawful or
26 invalid.
27 (b) Hearing and decision.--The department, after notice to
28 the objector, shall hold a hearing upon the objections. After
29 the hearing, the department shall record its findings on the
30 objections and shall transmit to the objector, by registered or
19850H1852B2415 - 24 -
1 certified mail, notice of the amount, if any, charged against it
2 in accordance with the findings, which amount or any installment
3 thereof then due shall be paid by the objector within ten days
4 after receipt of notice of the findings.
5 (c) Presumption and burden of proof.--The determination of
6 assessments and the records and data upon which the
7 determination is made shall be presumed prima facie correct. In
8 any proceeding instituted to challenge the reasonableness or
9 correctness of any assessment under this section, the party
10 challenging the assessment shall have the burden of proof.
11 § 544. Action for recovery of assessment.
12 (a) Prompt payment of assessment.--No suit or proceeding
13 shall be maintained in any court for the purpose of restraining
14 or delaying the collection or payment of any assessment made
15 under this subchapter and every insurer or self-insurer assessed
16 shall pay the assessment as provided in section 542 (relating to
17 assessments).
18 (b) Time of and grounds for recovery action.--Any insurer or
19 self-insurer making the payment may, at any time within two
20 years from the date of payment, sue the Commonwealth in an
21 action at law to recover the amount paid, or any part thereof,
22 upon the ground that the assessment was excessive, erroneous,
23 unlawful or invalid, in whole or in part, provided objections
24 were filed with the department and payment of the assessment was
25 made under protest either as to all or part thereof.
26 (c) Action limited to issues of law.--In any action for
27 recovery of any payments made under this section, the claimant
28 may raise every relevant issue of law but the findings of fact
29 made by the department pursuant to this section shall be prima
30 facie evidence of the facts stated.
19850H1852B2415 - 25 -
1 (d) Refund.--If it is finally determined in the action that
2 all or any part of the assessment for which payment was made
3 under protest was excessive, erroneous, unlawful or invalid, the
4 department shall make a refund to the claimant from the fund as
5 directed by the court.
6 § 545. Records.
7 The department shall keep a record of the manner in which it
8 computed the amount assessed against every insurer or self-
9 insurer. The records shall be open to inspection by all
10 interested parties.
11 § 546. Administration and audit.
12 The secretary shall be the administrator of the fund and may
13 dispense and disburse moneys from the fund under section 1954
14 (relating to supersedeas reimbursement). All moneys in the fund
15 that are required to carry out the purposes of section 1954 are
16 hereby appropriated to the department. The State Treasurer shall
17 be custodian of the fund. The fund shall be subject to audit by
18 the Auditor General and a copy of the audit report shall be
19 furnished to assessed insurers and self-insurers upon request.
20 PART II
21 WORKERS' COMPENSATION
22 Chapter
23 11. Definitions, Application and Coverage
24 13. Actions at Law
25 15. Liability Provisions
26 17. Schedule of Compensation
27 19. Procedure
28 21. Miscellaneous Provisions
29 CHAPTER II
30 DEFINITIONS, APPLICATION AND COVERAGE
19850H1852B2415 - 26 -
1 Subchapter
2 A. General Provisions
3 B. Extraterritoriality
4 C. Additional Coverages
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 1101. Short title of part.
9 1102. Application of part.
10 1103. Employer.
11 1104. Employee.
12 1105. Statewide average weekly wage.
13 1106. Maximum weekly compensation payable.
14 1107. Enumeration of occupational diseases.
15 1108. Business of public authorities.
16 1109. Domestic service.
17 1110. Agricultural labor.
18 1111. Exceptions for members of religious sects.
19 § 1101. Short title of part.
20 This part shall be known and may be cited as the Workers'
21 Compensation Act.
22 § 1102. Application of part.
23 This part applies to all injuries occurring in this
24 Commonwealth, irrespective of the place where the contract of
25 hiring was made, renewed or extended, and as provided in
26 Subchapter B (relating to extraterritoriality).
27 § 1103. Employer.
28 (a) Definition.--As used in this part the term "employer" is
29 declared to be synonymous with master.
30 (b) Inclusions.--The term includes natural persons,
19850H1852B2415 - 27 -
1 partnerships, joint-stock companies, corporations for profit,
2 corporations not-for-profit, political subdivisions, the
3 Commonwealth and all government agencies created by it.
4 § 1104. Employee.
5 (a) Definition.--As used in this part the term "employee" is
6 declared to be synonymous with servant.
7 (b) Inclusions.--The term includes:
8 (1) Natural persons who perform services for another for
9 a valuable consideration.
10 (2) Persons provided for in Subchapter C (relating to
11 additional coverages).
12 (c) Exclusions.--The term does not include:
13 (1) Persons whose employment is casual in character and
14 not in the regular course of the business of the employer.
15 (2) Persons to whom articles or materials are given out
16 to be made up, cleaned, washed, altered, ornamented, finished
17 or repaired or adapted for sale in the worker's own home or
18 on other premises not under the control or management of the
19 employer.
20 (3) Members of certain religious sects excepted under
21 section 1111 (relating to exceptions for members of religious
22 sects).
23 (d) Status of certain officers.--Every executive officer of
24 a corporation elected or appointed in accordance with the
25 charter and bylaws of the corporation, except elected officers
26 of the Commonwealth or any of its political subdivisions, is
27 considered an employee of the corporation except as provided in
28 sections 1109 (relating to domestic service), 1110 (relating to
29 agricultural labor) and 1503 (relating to insurance and
30 exemption).
19850H1852B2415 - 28 -
1 § 1105. Statewide average weekly wage.
2 The term "Statewide average weekly wage" means that amount
3 which is determined annually by the department for each calendar
4 year on the basis of employment covered by the act of December
5 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
6 Unemployment Compensation Law, for the 12-month period ending
7 June 30 of the preceding calendar year.
8 § 1106. Maximum weekly compensation payable.
9 The terms "maximum weekly compensation payable" and "maximum
10 compensation payable per week" mean the Statewide average weekly
11 wage.
12 § 1107. Enumeration of occupational diseases.
13 As used in this part the term "occupational disease" includes
14 only the following diseases:
15 (1) Arsenic, etc.--Poisoning by arsenic, lead, mercury,
16 manganese or beryllium, their preparations or compounds, in
17 any occupation involving direct contact with, handling
18 thereof or exposure thereto.
19 (2) Phosphorus.--Poisoning by phosphorus, its
20 preparations or compounds, in any occupation involving direct
21 contact with, handling thereof or exposure thereto.
22 (3) Methanol, etc.--Poisoning by methanol, carbon
23 bisulfide, carbon monoxide, hydrocarbon distillates (naphthas
24 and others) or halogenated hydrocarbons, toluene diisocyanate
25 (T.D.I.) or any preparations containing these chemicals or
26 any of them, in any occupation involving direct contact with,
27 handling thereof or exposure thereto.
28 (4) Benzol, etc.--Poisoning by benzol, or by nitro,
29 amido, or amino derivatives of benzol (dinitro-benzol,
30 aniline, and others), or their preparations or compounds, in
19850H1852B2415 - 29 -
1 any occupation involving direct contact with, handling
2 thereof or exposure thereto.
3 (5) Caisson disease.--Caisson disease (compressed air
4 illness) resulting from engaging in any occupation carried on
5 in compressed air.
6 (6) Radium, etc.--Radium poisoning or disability, due to
7 radioactive properties of substances or to roentgen-ray (X-
8 rays) in any occupation involving direct contact with,
9 handling thereof or exposure thereto.
10 (7) Chromic acid, etc.--Poisoning by, or ulceration from
11 chromic acid, or bichromate of ammonium, bichromate of
12 potassium, or bichromate of sodium, or their preparations, in
13 any occupation involving direct contact with, handling
14 thereof or exposure thereto.
15 (8) Tar, pitch, etc.--Epitheliomatous cancer or
16 ulceration due to tar, pitch, bitumen, mineral oil or
17 paraffin, or any compound, product or residue of any of those
18 substances, in any occupation involving direct contact with,
19 handling thereof or exposure thereto.
20 (9) Oils, cutting compounds, etc.--Infection or
21 inflammation of the skin due to oils, cutting compounds,
22 lubricants, dust, liquids, fumes, gasses or vapor, in any
23 occupation involving direct contact with, handling thereof or
24 exposure thereto.
25 (10) Anthrax.--Anthrax occurring in any occupation
26 involving the handling of or exposure to wool, hair,
27 bristles, hides or skins or bodies of animals either alive or
28 dead.
29 (11) Silicosis.--Silicosis in any occupation involving
30 direct contact with, handling of or exposure to the dust of
19850H1852B2415 - 30 -
1 silicon dioxide.
2 (12) Asbestosis.--Asbestosis and cancer resulting from
3 direct contact with, handling of or exposure to the dust of
4 asbestos in any occupation involving such contact, handling
5 or exposure.
6 (13) Tuberculosis and hepatitis.--Tuberculosis, serum
7 hepatitis or infectious hepatitis in the occupations of blood
8 processors, fractionators, nursing or auxiliary services
9 involving exposure to such diseases.
10 (14) Heart and lung disease.--Diseases of the heart and
11 lungs, resulting in either temporary or permanent total or
12 partial disability or death, after four years or more of
13 service in firefighting for the benefit or safety of the
14 public, caused by extreme overexertion in times of stress or
15 danger or by exposure to heat, smoke, fumes or gasses,
16 arising directly out of the employment of the firefighter.
17 (15) Byssinosis.--Byssinosis in any occupation involving
18 direct contact with, handling of or exposure to cotton dust,
19 cotton materials or cotton fibers.
20 (16) Coal worker's pneumoconiosis, etc.--Coal worker's
21 pneumoconiosis, anthraco-silicosis and silicosis (also known
22 as miner's asthma or black lung) in any occupation involving
23 direct contact with, handling of or exposure to the dust of
24 anthracite or bituminous coal.
25 (17) Other diseases.--
26 (i) All other diseases:
27 (A) to which the claimant is exposed by reason
28 of his employment;
29 (B) which are causally related to the industry
30 or occupation; and
19850H1852B2415 - 31 -
1 (C) the incidence of which is substantially
2 greater in that industry or occupation than in the
3 general population.
4 (ii) For the purposes of this paragraph, partial
5 loss of hearing in one or both ears due to noise, and the
6 diseases silicosis, anthraco-silicosis and coal workers'
7 pneumoconiosis resulting from employment in and around a
8 coal mine, shall not be considered occupational disease.
9 § 1108. Business of public authorities.
10 The exercise and performance of the powers and duties of a
11 local or other public authority shall, for the purposes of this
12 part be treated as the trade or business of the authority.
13 § 1109. Domestic service.
14 This part does not apply to a person who at the time of
15 injury is employed in domestic service, except where the
16 employer has purchased insurance to provide compensation under
17 this part for persons so employed.
18 § 1110. Agricultural labor.
19 (a) General rule.--Except as provided in subsection (b), an
20 employer is not required to provide workers' compensation
21 coverage for persons employed in agricultural labor.
22 (b) Exceptions.--An employer shall provide coverage for all
23 employees, including those in agricultural labor, if:
24 (1) the employer is otherwise covered by this part;
25 (2) during the calendar year, the employer pays wages to
26 one employee for agricultural labor totaling $150 or more; or
27 (3) during the calendar year, the employer gives
28 employment to one employee in agricultural labor for 20 or
29 more days.
30 § 1111. Exceptions for members of religious sects.
19850H1852B2415 - 32 -
1 (a) Application for exception.--An employer may file an
2 application with the department to be excepted from this part
3 with respect to members of religious sects. The application
4 shall include a written waiver by the employee of all benefits
5 under this part and an affidavit by the employee that he is a
6 member of a recognized religious sect or division thereof and is
7 an adherent of established tenets or teachings of the sect or
8 division by reason of which he is conscientiously opposed to
9 acceptance of the benefits of any public or private insurance
10 which makes payments in the event of death, disability, old age
11 or retirement or makes payments toward the cost of or provides
12 services for medical bills, including the benefits of any
13 insurance system established by the Federal Social Security Act
14 (42 U.S.C. § 301 et seq.).
15 (b) Form.--The waiver and affidavit required by subsection
16 (a) shall be made upon a form provided by the department.
17 (c) Findings of department.--The application shall be
18 granted if the department finds the following:
19 (1) The employee is a member of a sect or division
20 having the established tenets or teachings.
21 (2) It is the practice, and has been for a substantial
22 number of years, for members of the sect or division to make
23 provision for their dependent members which in its judgment
24 is reasonable in view of their general level of living.
25 Receipt by the department of the form required by subsection (b)
26 shall be considered prima facie proof that the requirements of
27 this subsection have been met.
28 (d) Minors.--When an employee is a minor, the waiver and
29 affidavit may be made by the guardian of the minor.
30 (e) Exception period.--An exception granted in regard to a
19850H1852B2415 - 33 -
1 specific employee shall be valid for all future years unless the
2 employee or sect ceases to meet the requirements of subsection
3 (a).
4 SUBCHAPTER B
5 EXTRATERRITORIALITY
6 Sec.
7 1121. Definitions.
8 1122. Principally localized employment.
9 1123. Application of part to injuries occurring outside
10 Commonwealth.
11 1124. Payment or award of compensation under law of foreign
12 jurisdiction.
13 1125. Exclusive coverage not intended.
14 1126. Coverage by nonresident employer.
15 § 1121. Definitions.
16 The following words and phrases when used in this subchapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Carrier." Includes any insurance company licensed to write
20 workers' compensation insurance in any state of the United
21 States or any state or provincial fund which insures employers
22 against their liabilities under a workers' compensation law.
23 "State." Includes any state of the United States, the
24 District of Columbia or any province of Canada.
25 "United States." Includes only the states of the United
26 States and the District of Columbia.
27 "Workers' compensation law." Includes occupational disease
28 law.
29 § 1122. Principally localized employment.
30 (a) Definition.--For the purposes of this subchapter, a
19850H1852B2415 - 34 -
1 person's employment is principally localized in this or another
2 state when:
3 (1) his employer has a place of business in this or
4 another state and he regularly works at or from that place of
5 business;
6 (2) having worked at or from that place of business, his
7 duties have required him to go outside of this Commonwealth
8 not over one year; or
9 (3) he is domiciled and spends a substantial part of his
10 working time in the service of his employer in this or
11 another state.
12 (b) Agreement as to employment location.--An employee whose
13 duties require him to travel regularly in the service of his
14 employer in this and one or more other states may, by written
15 agreement with his employer, provide that his employment is
16 principally localized in this or another state and, unless the
17 other state refuses jurisdiction, the agreement shall be given
18 effect under this part.
19 § 1123. Application of part to injuries occurring outside
20 Commonwealth.
21 This part applies in cases where an employee, while working
22 outside the territorial limits of this Commonwealth, suffers an
23 injury on account of which he or, in the event of his death, his
24 dependents would have been entitled to the compensation provided
25 by this part had the injury occurred in this Commonwealth. The
26 employee or, in the event of his death resulting from the
27 injury, his dependents shall be entitled to the compensation
28 provided by this part if at the time of the injury any of the
29 following conditions exist:
30 (1) His employment is principally localized in this
19850H1852B2415 - 35 -
1 Commonwealth.
2 (2) He is working under a contract of hire made in this
3 Commonwealth in employment not principally localized in any
4 state.
5 (3) He is working under a contract of hire made in this
6 Commonwealth in employment principally localized in another
7 state whose workers' compensation law is not applicable to
8 his employer.
9 (4) He is working under a contract of hire made in this
10 Commonwealth for employment outside the United States and
11 Canada.
12 § 1124. Payment or award of compensation under law of foreign
13 jurisdiction.
14 The payment or award of compensation under the workers'
15 compensation law of another state, territory, province or
16 foreign nation to an employee or his dependents otherwise
17 entitled on account of the injury or death to the compensation
18 under this part shall not be a bar to a claim under this part
19 if the claim under this part is filed within three years after
20 the injury or death. If compensation is paid or awarded under
21 this part:
22 (1) The medical and related compensation furnished or
23 paid for by the employer under the other workers'
24 compensation law on account of the injury or death shall be
25 credited against the medical and related compensation to
26 which the employee would have been entitled under this part
27 had the claim been made solely under this part.
28 (2) The total amount of all income benefits paid or
29 awarded the employee under the other workers' compensation
30 law shall be credited against the total amount of income
19850H1852B2415 - 36 -
1 compensation which would have been due the employee under
2 this part had the claim been made solely under this part.
3 (3) The total amount of death compensation paid or
4 awarded under the other workers' compensation law shall be
5 credited against the total amount of death compensation due
6 under this part.
7 § 1125. Exclusive coverage not intended.
8 Nothing in this part shall be construed to mean that coverage
9 under this part includes coverage under another law or that an
10 employee's election to claim compensation under this part is
11 exclusive of coverage under another state statute or is binding
12 on the employee or dependent except to the extent of an
13 agreement between the employee and the employer or where
14 employment is localized to the extent that an employee's duties
15 require him to travel regularly in this Commonwealth and another
16 state or states.
17 § 1126. Coverage by nonresident employer.
18 (a) Certificate.--If an employee is entitled to compensation
19 under this part by reason of an injury sustained in this
20 Commonwealth in employment by an employer who is domiciled in
21 another state and who has not secured the payment of
22 compensation as required by this part, the employer or his
23 carrier may file with the department a certificate, issued by
24 the agency of the other state having jurisdiction over workers'
25 compensation claims, certifying that the employer has secured
26 the payment of compensation under the workers' compensation law
27 of the other state and that, with respect to the injury, the
28 employee is entitled to the compensation provided under that
29 law.
30 (b) Effect of filing certificate.--The filing of the
19850H1852B2415 - 37 -
1 certificate shall constitute an appointment by such employer or
2 his carrier of the secretary as his agent for acceptance of the
3 service of process in any proceeding brought by the employee or
4 his dependents to enforce his or their rights under this part on
5 account of the injury.
6 (c) Service of notice of claim.--The department shall send
7 to the employer or carrier, by certified mail to the address
8 shown on the certificate, a true copy of any notice of claim or
9 other process served on the secretary by the employee of his
10 dependents in any proceeding brought to enforce his or their
11 rights under this part.
12 (d) Qualification as self-insurer.--If the employer is a
13 qualified self-insurer under the workers' compensation law of
14 the other state, the employer shall, upon submission of evidence
15 satisfactory to the department of his ability to meet his
16 liability to the employee under this part, be deemed to be a
17 qualified self-insurer under this part.
18 (e) Qualification and liability of insurer.--If the
19 employer's liability under the workers' compensation law of the
20 other state is insured, the employer's carrier, as to the
21 employee or his dependents only, shall be deemed to be an
22 insurer authorized to write insurance under and be subject to
23 this part. However, unless its contract with the employer
24 requires it to pay an amount equivalent to the compensation
25 benefits provided by this part, its liability for income
26 compensation or medical and related compensation shall not
27 exceed the amounts of the compensation for which the insurer
28 would have been liable under the workers' compensation law of
29 the other state.
30 (f) Authority of department to require security.--If the
19850H1852B2415 - 38 -
1 total amount for which the employer's insurance is liable under
2 subsections (d) and (e) is less than the total of the
3 compensation to which the employee is entitled under this part,
4 the department may, if it deems it necessary, require the
5 employer to file security, satisfactory to the department, to
6 secure the payment of compensation due the employee or his
7 dependents under this part.
8 (g) Construction of section.--Upon compliance with the
9 requirements of this section, the employer, as to that employee
10 only, shall be deemed to have secured the payment of
11 compensation under this part.
12 SUBCHAPTER C
13 ADDITIONAL COVERAGES
14 Sec.
15 1141. Definition.
16 1142. Application of subchapter.
17 1143. Auxiliary police.
18 1144. Special school police.
19 1145. Volunteer fire departments.
20 1146. Volunteer ambulance corps.
21 1147. Volunteer rescue squads.
22 1148. State Parks and Forests Program.
23 1149. Deputy game protectors.
24 1150. Deputy waterways conservation officers.
25 1151. Forest firefighters.
26 1152. Wages.
27 1153. Injuries on certain State land.
28 § 1141. Definition.
29 As used in this subchapter the term "municipality" means a
30 city, borough, incorporated town or township.
19850H1852B2415 - 39 -
1 § 1142. Application of subchapter.
2 In addition to those persons included within the definition
3 of "employee" as set forth in section 1104 (relating to
4 employee), the term shall also include those persons enumerated
5 in this subchapter.
6 § 1143. Auxiliary police.
7 (a) Entitlement.--Auxiliary police of municipalities shall
8 be considered employees of their respective municipalities for
9 all purposes of this part and shall be entitled to receive
10 compensation in case of injuries received while actually engaged
11 as police officers, going to or returning from their place of
12 duty, participating in instruction, answering any emergency call
13 for any purpose or performing any other duty authorized by the
14 municipality.
15 (b) Computation of earnings and compensation.--The
16 municipality as employer shall, in all cases, be deemed to have
17 knowledge of all other employment of auxiliary police, including
18 self-employment, and earnings in that employment shall be
19 included in computing average weekly wages. In all cases where
20 an injury compensable under this part is received by an
21 auxiliary police officer who is, in whole or in part, self-
22 employed and loss of earnings results therefrom, those earnings
23 shall, for the purposes of this part, be regarded as wages. The
24 average weekly wage as so regarded shall be that most favorable
25 to the employee computed by dividing by 13 the total earnings of
26 the employee in the first, second, third or fourth period of 13
27 consecutive calendar weeks in the 52 weeks immediately preceding
28 the accident. In all cases where an injury compensable under
29 this part is received by a member of the auxiliary police who is
30 self-employed or unemployed, payments shall be made of not less
19850H1852B2415 - 40 -
1 than $22.50 per week for total disability and not less than
2 $12.50 for partial disability.
3 § 1144. Special school police.
4 (a) Entitlement.--Special school police of municipalities
5 shall be considered employees of the appointing municipality for
6 all the purposes of this part and shall be entitled to receive
7 compensation in case of injuries received while actually engaged
8 as police officers, participating in instruction, answering any
9 emergency call for any purpose or performing any other duty
10 authorized by the municipality.
11 (b) Computation of earnings and compensation.--The
12 municipality as employer shall, in all cases, be deemed to have
13 knowledge of all other employment of members of its special
14 school police, including self-employment, and shall be liable
15 for compensation on account of all wages and earnings resulting
16 therefrom. In all cases where an injury compensable under this
17 part is received by a member of the special school police who
18 is, in whole or in part, self-employed and loss of earnings
19 results therefrom, those earnings shall, for the purposes of
20 this part, be regarded as wages. The average weekly wage as so
21 regarded shall be that most favorable to the employee, computed
22 by dividing by 13 the total earnings of the employee in the
23 first, second, third or fourth period of 13 consecutive calendar
24 weeks in the 52 weeks immediately preceding the accident. In all
25 cases where an injury compensable under this part is received by
26 a member of the special school police of a municipality who is
27 self-employed or unemployed, payments shall be made of not less
28 than $22.50 per week for total disability and not less than
29 $12.50 for partial disability.
30 § 1145. Volunteer fire departments.
19850H1852B2415 - 41 -
1 A member of a volunteer fire department or company, including
2 a paid firefighter who is a member of a volunteer fire company
3 and performs the services of a volunteer firefighter during off-
4 duty hours, is entitled to receive compensation in case of
5 injuries received while actively engaged in any one or more of
6 the following activities:
7 (1) Fighting a fire or going to or returning from a fire
8 which the fire department or fire company attended, including
9 travel from and the direct return to a firefighter's home,
10 place of business or other place where he was when he
11 received the call or alarm.
12 (2) Participating in instructional fire drills in which
13 the fire department or company participates.
14 (3) Repairing or doing other work on or about the fire
15 apparatus or buildings and grounds of the fire department or
16 company upon the authorization of the chief or other person
17 in charge of the department or company.
18 (4) Answering an emergency call for any purpose.
19 (5) Riding upon the fire apparatus owned or used by the
20 fire department or company.
21 (6) Performing any duty imposed by section 15 of the act
22 of April 27, 1927 (P.L.465, No.299), referred to as the Fire
23 and Panic Act.
24 (7) Performing any other duty of the fire department or
25 company authorized by the municipality.
26 § 1146. Volunteer ambulance corps.
27 Members of volunteer ambulance corps of a municipality are
28 considered employees of the municipality for the purposes of
29 this part and are entitled to receive compensation in the case
30 of injuries received while actually engaged in any one or more
19850H1852B2415 - 42 -
1 of the following activities:
2 (1) Operating or assisting in the operation of an
3 ambulance or going to or returning from a fire, accident or
4 other emergency which the ambulance corps attended, including
5 travel from and the direct return to a member's home, place
6 of business or other place where he was located when he
7 received the call or alarm.
8 (2) Repairing or doing other work on or about ambulance
9 apparatus or the buildings and grounds of the ambulance corps
10 upon the authorization of the corps president or other person
11 in charge.
12 (3) Answering an emergency call for any purpose.
13 (4) Riding in or upon ambulance apparatus owned or
14 operated by the corps of which they are members.
15 (5) Performing any other duty of the corps authorized by
16 the municipality.
17 § 1147. Volunteer rescue squads.
18 Members of volunteer rescue and lifesaving squads of a
19 municipality are considered to be employees of the municipality
20 for the purposes of this part and are entitled to receive
21 compensation in the case of injuries received while actually
22 engaged in any one or more of the following activities:
23 (1) Attending any emergency to which the squad has been
24 called or responded, including travel from and the direct
25 return to the squad member's home, place of business or other
26 place where he was located at the time the call or alarm was
27 received.
28 (2) Participating in rescue and lifesaving drills in
29 which the squad is participating.
30 (3) Repairing apparatus or doing other work on or about
19850H1852B2415 - 43 -
1 the buildings and grounds of the squad upon authorization of
2 the squad chief or other person in charge.
3 (4) Riding in or upon the squad's rescue or lifesaving
4 apparatus at any time while performing duties authorized by
5 the municipality.
6 § 1148. State Parks and Forests Program.
7 Volunteer members of the State Parks and Forests Program are
8 declared to be employees of the Commonwealth for the purposes of
9 this part and are entitled to receive compensation in case of
10 injuries received while actually engaged in performing any
11 duties in connection with the State Parks and Forests Program.
12 § 1149. Deputy game protectors.
13 Deputy game protectors are declared to be employees of the
14 Commonwealth for the purposes of this part and are entitled to
15 receive compensation in case of injuries received while actually
16 engaged in the performance of their duties as deputy game
17 protectors, whether actually receiving compensation from the
18 Pennsylvania Game Commission or not.
19 § 1150. Deputy waterways conservation officers.
20 Deputy waterways conservation officers are declared to be
21 employees of the Commonwealth for the purposes of this part and
22 are entitled to receive compensation in case of injuries
23 received while actually engaged in the performance of their
24 duties as deputy waterways conservation officers, whether
25 actually receiving compensation from the Pennsylvania Fish
26 Commission or not.
27 § 1151. Forest firefighters.
28 Forest firefighters are declared to be employees of the
29 Commonwealth for the purposes of this part and are entitled to
30 receive compensation in case of injuries received while actually
19850H1852B2415 - 44 -
1 engaged in the performance of their duties as forest
2 firefighters or forest fire protection employees. These duties
3 include participation in the extinguishing of forest fires or
4 traveling to and from forest fires or while performing any other
5 duties relating to forest fire protection as authorized by the
6 Department of Environmental Resources.
7 § 1152. Wages.
8 In all cases where an injury compensable under this part is
9 sustained by an employee as defined in sections 1145 (relating
10 to volunteer fire departments), 1146 (relating to volunteer
11 ambulance corps), 1147 (relating to volunteer rescue squads),
12 1148 (relating to State Parks and Forests Program), 1149
13 (relating to deputy game protectors), 1150 (relating to deputy
14 waterways conservation officers) and 1151 (relating to forest
15 firefighters), there is an irrebuttable presumption that his
16 wages shall be at least equal to the Statewide average weekly
17 wage for the purpose of computing his compensation under Chapter
18 17 (relating to schedule of compensation).
19 § 1153. Injuries on certain State land.
20 Members of a volunteer fire company, volunteer fire
21 department, volunteer ambulance corps or volunteer rescue and
22 lifesaving squad injured in the performance of duties in State
23 parks and State forest lands, shall be deemed to be employees of
24 the Department of Environmental Resources.
25 CHAPTER 13
26 ACTIONS AT LAW
27 Sec.
28 1301. Certain defenses denied.
29 1302. Liability for negligence of employees.
19850H1852B2415 - 45 -
1 1303. Liability for certain laborers and assistants.
2 1304. Effect of release or benefits.
3 1305. Limited liability of fellow employee.
4 § 1301. Certain defenses denied.
5 In an action brought to recover damages for personal injury
6 to an employee in the course of his employment, or for death
7 resulting from the injury, it is not a defense that:
8 (1) The injury was caused in whole or in part by the
9 negligence of a fellow employee.
10 (2) The employee had assumed the risk of the injury.
11 (3) The injury was caused in any degree by the
12 negligence of the employee unless it is established that the
13 injury was caused by the employee's intoxication or by his
14 reckless indifference to danger. The burden of proving
15 intoxication or reckless indifference to danger shall be upon
16 the defendant and the question shall be one of fact to be
17 determined by the jury.
18 § 1302. Liability for negligence of employees.
19 The employer shall be liable for the negligence of all
20 employees while acting within the scope of their employment
21 including all employees licensed by the Commonwealth or other
22 governmental authority if the employer is allowed by law the
23 right of free selection of these employees from the class of
24 persons thus licensed. These employees shall be the agents and
25 representatives of their employers and their employers shall be
26 responsible for the acts and omissions of the employees as in
27 the case of other agents and employees of their employers.
28 Notwithstanding the employment of these employees, the property
29 in and about which they are employed and the use and operation
30 thereof shall at all times be under the supervision, management
19850H1852B2415 - 46 -
1 and control of their employers.
2 § 1303. Liability for certain laborers and assistants.
3 (a) General rule.--An employer who permits the entry upon
4 premises occupied by him or under his control of a laborer or an
5 assistant hired by an employee or contractor for the performance
6 upon the premises of a part of the employer's regular business
7 entrusted to the employee or contractor shall be liable to the
8 laborer or assistant in the same manner and to the same extent
9 as to his own employee.
10 (b) Contractor defined.--As used in this section the term
11 "contractor" does not include a contractor engaged in an
12 independent business, other than that of supplying laborers or
13 assistants, in which he serves persons other than the employer
14 in whose service the injury occurs. The term includes a
15 subcontractor to whom a principal contractor has sublet any part
16 of the work which the principal contractor has undertaken.
17 § 1304. Effect of release or benefits.
18 (a) Invalid agreements, etc.--No agreement, composition or
19 release of damages made before the date of an injury shall be
20 valid or shall bar a claim for damages resulting therefrom. Any
21 such agreement, composition or release is against the public
22 policy of this Commonwealth.
23 (b) Effect of receipt of certain benefits.--The receipt of
24 benefits from an association, society or fund shall not bar the
25 recovery of damages by action at law nor the recovery of
26 compensation under Chapter 17 (relating to schedule of
27 compensation) and any release executed in consideration of these
28 benefits is void. However, if the employee receives unemployment
29 compensation benefits, the amount or amounts received shall be
30 credited against the amount of the award made under section 1107
19850H1852B2415 - 47 -
1 (relating to enumeration of occupational diseases).
2 § 1305. Limited liability of fellow employee.
3 If disability or death is compensable under this part, a
4 person shall not be liable to another person at common law or
5 otherwise on account of the disability or death for any act or
6 omission occurring while the person was in the same employ as
7 the person disabled or killed, except for intentional wrong.
8 CHAPTER 15
9 LIABILITY PROVISIONS
10 Sec.
11 1501. Employer liability.
12 1502. Exclusive liability.
13 1503. Insurance and exemption.
14 1504. Contractors.
15 1505. Laborers and assistants.
16 1506. Minors.
17 1507. Injury and death.
18 1508. Occupational disease.
19 1509. Occupational disease presumption.
20 1510. Employment within Commonwealth.
21 1511. Commonwealth liability.
22 1512. Notice.
23 1513. Limitation on claims.
24 § 1501. Employer liability.
25 (a) General rule.--Every employer is liable for compensation
26 for personal injury to or for the death of each employee by an
27 injury in the course of his employment and this compensation
28 shall be paid in all cases by the employer, without regard to
29 negligence, according to the schedule contained in Chapter 17
30 (relating to schedule of compensation) and as otherwise provided
19850H1852B2415 - 48 -
1 in this part.
2 (b) Exceptions.--No compensation shall be paid under any of
3 the following circumstances:
4 (1) The injury or death is intentionally self inflicted.
5 (2) The injury or death is caused by the employee's
6 violation of law but the burden of proof of that fact shall
7 be upon the employer.
8 (3) During hostile attacks on the United States, the
9 injury or death results solely from military activities of
10 the armed forces of the United States or from military
11 activities or enemy sabotage of a foreign power.
12 § 1502. Exclusive liability.
13 (a) General rule.--The liability of an employer under this
14 part shall be exclusive and in place of any and all other
15 liability to the employee, his legal representative, spouse,
16 parents, dependents, next of kin or anyone otherwise entitled to
17 damages in any action at law or otherwise on account of any
18 injury or death as defined in sections 1507 (relating to injury
19 and death) and 1508 (relating to occupational disease) or
20 occupational disease as defined in section 1107 (relating to
21 enumeration of occupational diseases).
22 (b) Third party actions.--In the event injury or death to an
23 employee is caused by a third party, then the employee, his
24 legal representative, spouse, parents, dependents, next of kin
25 and anyone otherwise entitled to receive damages by reason
26 thereof may bring their action at law against the third party
27 but the employer, his insurance carrier, their servants and
28 agents, employees or representatives acting on their behalf or
29 at their request shall not be liable to a third party for
30 damages, contribution or indemnity in any action at law or
19850H1852B2415 - 49 -
1 otherwise unless liability for damages, contributions or
2 indemnity is expressly provided for in a written contract
3 entered into by the party alleged to be liable prior to the date
4 of the occurrence which gave rise to the action.
5 § 1503. Insurance and exemption.
6 (a) Insurance requirement.--Every employer liable under this
7 part to pay compensation shall insure the payment of
8 compensation with the State fund or in any insurance company or
9 mutual association or company authorized to insure such
10 liability in this Commonwealth unless the employer is exempted
11 by the department from the insurance requirement.
12 (b) Insurer's liability and immunity.--The insurer shall
13 assume the employer's liability under this part and shall be
14 entitled to all of the employer's immunities and protection
15 under this part.
16 (c) Exemption.--An employer desiring to be exempt from
17 insuring the whole or any part of his liability for compensation
18 under this part shall make application to the department,
19 showing his financial ability to pay compensation, whereupon the
20 department, if satisfied of the applicant's financial ability,
21 shall, upon the payment of a fee of $100, issue to the applicant
22 a permit authorizing an exemption. The department shall
23 establish a period of 12 calendar months, to begin and end at
24 such times as the department shall prescribe, which shall be
25 known as the annual exemption period. Unless previously revoked,
26 all permits issued under this section shall expire and terminate
27 on the last day of the annual exemption period for which they
28 were issued. Permits issued under this part shall be renewed
29 upon the filing of an application and the payment of a renewal
30 fee of $100. The department may, from time to time, require
19850H1852B2415 - 50 -
1 further statements of the financial ability of the employer and,
2 if at any time the employer appears no longer able to pay
3 compensation, shall revoke its permit granting exemption in
4 which case the employer shall immediately subscribe to the State
5 fund or insure his liability in any insurance company or mutual
6 association or company.
7 (d) Penalty.--
8 (1) An employer who fails to comply with this section
9 commits a summary offense and shall, upon conviction, be
10 sentenced to pay a fine of not less than $500 nor more than
11 $2,000, or to imprisonment for a period of not more than one
12 year, or both. Each day's violation constitutes a separate
13 offense. It is the duty of the department to enforce this
14 section and it shall investigate all violations that are
15 brought to its notice and shall institute prosecutions for
16 violations thereof. Fines recovered under this section shall
17 be paid to the department for payment into the State
18 Treasury.
19 (2) In a proceeding against an employer under this
20 section, a certificate of noninsurance issued by the official
21 Workers' Compensation Rating and Inspection Bureau and a
22 certificate of the department showing that the defendant has
23 not been exempted from obtaining insurance under this section
24 shall be prima facie evidence of the facts therein stated.
25 (e) Action at law.--When any employer fails to secure the
26 payment of compensation under this part as provided in this
27 section and Subchapter B of Chapter 11 (relating to
28 extraterritoriality), the injured employee or his dependents may
29 proceed either under this part or in a suit for damages at law
30 as provided in Chapter 13 (relating to actions at law).
19850H1852B2415 - 51 -
1 § 1504. Contractors.
2 (a) Liability to subcontractor's employees.--A contractor
3 who subcontracts all or any part of a contract, and the
4 contractor's insurer shall be liable for the payment of
5 compensation to the employees of the subcontractor unless the
6 subcontractor primarily liable for the payment of compensation
7 has secured its payment as provided for in this part. Any
8 contractor or his insurer who becomes liable for compensation
9 under this subsection may recover the amount paid and any
10 necessary expenses from the subcontractor primarily liable
11 therefor.
12 (b) Contractor and subcontractor defined.--For purposes of
13 this section, a contractor is a person who contracts with
14 another:
15 (1) to have work performed consisting of:
16 (i) the removal, excavation or drilling of soil,
17 rock or minerals; or
18 (ii) the cutting or removal of timber from lands; or
19 (2) to have work performed of a kind which is a regular
20 or recurrent part of the business, occupation, profession or
21 trade of the contractor.
22 The other person shall be deemed a subcontractor.
23 (c) Exclusion.--This section does not apply to an owner or
24 lessee of land principally used for agriculture who is not a
25 covered employer under this part and who contracts for the
26 removal of timber from the land.
27 § 1505. Laborers and assistants.
28 (a) Liability of employer.--An employer who permits the
29 entry upon premises occupied by him or under his control of a
30 laborer or an assistant hired by an employee or contractor for
19850H1852B2415 - 52 -
1 the performance upon the premises of a part of the employer's
2 regular business entrusted to that employee or contractor is
3 liable for the payment of compensation to the laborer or
4 assistant unless the hiring employee or contractor, if primarily
5 liable for the payment of compensation, has secured the payment
6 thereof as provided for in this part. An employer or his insurer
7 who becomes liable for such compensation may recover the amount
8 paid and any necessary expenses from the other person if
9 primarily liable therefor.
10 (b) Contractor defined.--As used in this section the term
11 "contractor" does not include a contractor engaged in an
12 independent business, other than that of supplying laborers or
13 assistants, in which he serves persons other than the employer
14 in whose service the injury occurs. The term includes a
15 subcontractor to whom a principal contractor has sublet any part
16 of the work which the principal contractor has undertaken.
17 § 1506. Minors.
18 (a) Right to compensation.--The right to receive
19 compensation under this part shall not be affected by the fact
20 that a minor is employed or is permitted to be employed in
21 violation of the laws of this Commonwealth relating to the
22 employment of minors or that he obtained his employment by
23 misrepresenting his age.
24 (b) Additional compensation.--If the employee, at the time
25 of the injury, is a minor under 18 years of age and employed or
26 permitted to work in violation of any laws of this Commonwealth
27 relating to minors, compensation, either in the case of injury
28 or death of the employee, shall be 150% of the amount that would
29 be payable to the minor if legally employed. The amount by which
30 this compensation exceeds that provided for in case of legal
19850H1852B2415 - 53 -
1 employment may be referred to as "additional compensation."
2 (c) Employer exclusively liable.--The employer and not the
3 insurance carrier shall be liable for the additional
4 compensation. Any provision in an insurance policy undertaking
5 to relieve an employer from this liability shall be void.
6 (d) Commutation of additional compensation.--
7 (1) Where death or the nature of the injury renders the
8 amount of future payments certain, the total amount of the
9 additional compensation, subject to discount as in the case
10 of commutation, shall be immediately due and payable. It
11 shall be deposited, subject to the approval of the board, in
12 any insured financial institution or life insurance company
13 in good standing and authorized to do business in this
14 Commonwealth.
15 (2) Where the amount of the future payments of
16 compensation is uncertain, the board shall, upon the approval
17 of the agreement or the entry of an award, determine as
18 nearly possible the total amount of payments to be made and
19 the additional compensation so calculated shall, immediately
20 upon the determination, become due and payable by the
21 employer. The amount may be redetermined by the board and any
22 increase shall then become due and payable and any excess
23 which shall be shown to have been paid shall be returned to
24 the person paying the compensation. Upon the determination of
25 the amount due, it shall be deposited as provided in this
26 subsection. Payments of compensation out of deposits shall be
27 made to the employee or dependents as payments of other
28 compensation are made except that the board may, in its
29 discretion and upon inquiry as in cases of commutation,
30 accelerate the payments.
19850H1852B2415 - 54 -
1 (3) This subsection does not apply to employers who are
2 exempted by the department from the necessity of carrying
3 insurance.
4 (e) Employment certificate as evidence of right to employ.--
5 Possession of an employment certificate, issued and transmitted
6 to the employer in accordance with the act of May 13, 1915
7 (P.L.286, No.177), known as the Child Labor Law, and receipt
8 thereof duly acknowledged by him, shall be conclusive evidence
9 to the employer of his legal right to employ the minor for whose
10 employment the certificate has been issued.
11 (f) Age certificate as evidence of age.--The possession of
12 an age certificate, duly issued and transmitted to the employer
13 by the school authorities of the school district in which a
14 minor resides, shall be conclusive evidence to the employer of
15 the minor's age as certified therein.
16 § 1507. Injury and death.
17 (a) Injury.--As used in this part the terms "personal
18 injury" and "injury" mean an injury to an employee, regardless
19 of his previous physical condition, arising in the course of his
20 employment and related thereto, and any disease or infection as
21 naturally results from the injury or is aggravated, reactivated
22 or accelerated by the injury.
23 (b) Death.--Wherever death is mentioned as a cause for
24 compensation under this part, it means only death resulting from
25 an injury and its resultant effects and occurring within 300
26 weeks after the injury.
27 (c) Injury in course of employment.--
28 (1) As used in this part the term "injury arising in the
29 course of his employment" includes all other injuries
30 sustained while the employee is actually engaged in the
19850H1852B2415 - 55 -
1 furtherance of the business or affairs of the employer,
2 whether upon the employer's premises or elsewhere, and
3 includes all injuries caused by the condition of the premises
4 or by the operation of the employer's business or affairs
5 thereon, sustained by the employee, who, though not so
6 engaged, is injured upon the premises occupied by or under
7 the control of the employer, or upon which the employer's
8 business or affairs are being carried on, the employee's
9 presence thereon being required by the nature of his
10 employment.
11 (2) The term does not include an injury caused by an act
12 of a third person intended to injure the employee because of
13 reasons personal to him and not directed against him as an
14 employee or because of his employment.
15 § 1508. Occupational disease.
16 (a) Inclusion within part.--As used in this part the terms
17 "injury," "personal injury" and "injury arising in the course of
18 his employment" include, unless the context clearly requires
19 otherwise, occupational disease as defined in section 1107
20 (relating to enumeration of occupational diseases).
21 (b) Occurrence period.--Whenever occupational disease is the
22 basis for compensation for disability or death under this part,
23 it shall apply only to disability or death resulting from the
24 disease and occurring within 300 weeks after the last date of
25 employment in an occupation or industry to which he was exposed
26 to hazards of the disease. If the employee's compensable
27 disability has occurred within that period, his subsequent death
28 as a result of the disease shall likewise be compensable.
29 (c) Application of section.--This section applies only with
30 respect to the disability or death of an employee which results
19850H1852B2415 - 56 -
1 in whole or in part from the employee's exposure to the hazard
2 of occupational disease after June 30, 1973 in employment
3 covered by the former provisions of the act of June 2, 1915
4 (P.L.736, No.338), known as The Pennsylvania Workmen's
5 Compensation Act, or by this part.
6 (d) Employer liable.--The employer liable for the
7 compensation provided for by section 1107(11), (12), (13), (14),
8 (15) or (16) or 1511 (relating to Commonwealth liability) shall
9 be the employer in whose employment the employee was last
10 exposed for a period of not less than one year to the hazard of
11 the occupational disease claimed. In the event the employee did
12 not work in an exposure at least one year for any employer
13 during the 300 week period prior to disability or death, the
14 employer liable for the compensation shall be that employer
15 giving the longest period of employment in which the employee
16 was exposed to the hazards of the disease claimed.
17 § 1509. Occupational disease presumption.
18 If it is shown that the employee, at or immediately before
19 the date of disability, was employed in any occupation or
20 industry in which the occupational disease is a hazard, it shall
21 be presumed that the employee's occupational disease arose out
22 of and in the course of his employment, but this presumption
23 shall not be conclusive.
24 § 1510. Employment within Commonwealth.
25 Compensation for silicosis, anthraco-silicosis, coal worker's
26 pneumoconiosis or asbestosis shall be paid only when it is shown
27 that the employee has had an aggregate employment of at least
28 two years in this Commonwealth during a period of ten years next
29 preceding the date of disability in an occupation having a
30 silica, coal or asbestos hazard.
19850H1852B2415 - 57 -
1 § 1511. Commonwealth liability.
2 (a) Schedule.--Any compensation payable under this part for
3 silicosis, anthraco-silicosis or coal worker's pneumoconiosis as
4 defined in section 1107(16) (relating to enumeration of
5 occupational diseases) for disability occurring on or after July
6 1, 1973 or for death resulting therefrom shall be paid as
7 follows:
8 (1) If the disability began between July 1, 1973 and
9 June 30, 1974, inclusive, the employer shall pay 25% and the
10 Commonwealth 75%.
11 (2) If the disability began between July 1, 1974 and
12 June 30, 1975, inclusive, the employer shall pay 50% and the
13 Commonwealth 50%.
14 (3) If the disability began between July 1, 1975 and
15 June 30, 1976, inclusive, the employer shall pay 75% and the
16 Commonwealth 25%.
17 (4) If the disability began on or after July 1, 1976,
18 all compensation shall be payable by the employer.
19 (b) Procedure.--The procedure for the payment of
20 compensation under subsection (a) shall be as prescribed in the
21 rules and regulations of the department.
22 § 1512. Notice.
23 (a) Employer's knowledge of injury.--Unless the employer has
24 knowledge of the occurrence of the injury, or unless the
25 employee or someone in his behalf, or a dependent or someone in
26 his behalf, gives notice thereof to the employer within 21 days
27 after the injury, no compensation shall be due until the notice
28 is given, and, unless the notice is given within 120 days after
29 the occurrence of the injury, no compensation shall be allowed.
30 (b) Knowledge of existence of injury.--In cases of injury
19850H1852B2415 - 58 -
1 resulting from ionizing radiation or any other cause in which
2 the nature of the injury or its relationship to the employment
3 is not known to the employee, the time for giving notice shall
4 not begin to run until the employee knows, or by the exercise of
5 reasonable diligence should know, of the existence of the injury
6 and its possible relationship to his employment.
7 (c) Form of notice.--The notice shall inform the employer
8 that a certain employee received an injury, described in
9 ordinary language, in the course of his employment on or about a
10 specified time and at or near a specified place.
11 (d) Service of notice.--The notice may be given to the
12 immediate or other superior of the employee, to the employer or
13 to any agent of the employer regularly employed at the place of
14 employment of the injured employee. Knowledge of the occurrence
15 of the injury on the part of an agent shall be the knowledge of
16 the employer.
17 (e) Definition.--As used in this section the term "injury"
18 includes disability resulting from occupational disease.
19 § 1513. Limitation on claims.
20 (a) Personal injury.--In cases of personal injury, all
21 claims for compensation shall be forever barred unless, within
22 three years after the injury, the parties have agreed upon the
23 compensation payable under this part or one of the parties has
24 filed a petition as provided in Chapter 19 (relating to
25 procedure).
26 (b) Death.--In cases of death, all claims for compensation
27 shall be forever barred unless, within three years after the
28 death, the parties have agreed upon the compensation under this
29 part or one of the parties has filed a petition as provided in
30 Chapter 19.
19850H1852B2415 - 59 -
1 (c) Effect of compensation payments.--Where payments of
2 compensation have been made in any case, the limitations shall
3 not take effect until the expiration of three years from the
4 time of the making of the most recent payment prior to date of
5 filing the petition.
6 (d) Effect of certain other payments.--Any payment made
7 under an established plan or policy of insurance for the payment
8 of benefits on account of nonoccupational illness or injury and
9 which payment is identified as not being workers' compensation
10 shall not be considered to be payment in lieu of workers'
11 compensation and the payment shall not toll the running of this
12 section.
13 (e) Effect of receipt of other disability benefits.-- In the
14 case of any person receiving benefits under the act of June 28,
15 1935 (P.L.477, No.193), referred to as the Enforcement Officer
16 Disability Benefits Law, the three-year period in which parties
17 must agree upon the compensation or file a petition for
18 compensation in cases of personal injury or death shall not
19 begin to run until the expiration of the receipt of benefits
20 under that act.
21 (f) Knowledge of existence of injury.--In cases of injury
22 resulting from ionizing radiation or any other cause in which
23 the nature of the injury or its relationship to the employment
24 is not known to the employee, the time for filing a claim shall
25 not begin to run until the employee knows, or by the exercise of
26 reasonable diligence, should know, of the existence of the
27 injury and its possible relationship to his employment.
28 (g) Definition.--As used in this section the term "injury"
29 includes disability resulting from occupational disease.
30 CHAPTER 17
19850H1852B2415 - 60 -
1 SCHEDULE OF COMPENSATION
2 Subchapter
3 A. Compensation for Injury
4 B. Compensation for Death
5 C. Medical Services and Procedure
6 D. Miscellaneous Provisions
7 SUBCHAPTER A
8 COMPENSATION FOR INJURY
9 Sec.
10 1701. Total disability.
11 1702. Partial disability.
12 1703. Specific loss.
13 1704. Payment to survivors.
14 1705. Subsequent injuries.
15 1706. Waiting period.
16 § 1701. Total disability.
17 (a) General rule.--For total disability, compensation shall
18 be 66 2/3% of the wages of the injured employee as defined in
19 section 1761 (relating to wages) beginning after the seventh day
20 of total disability and payable for the duration of total
21 disability.
22 (b) Maximum and minimum compensation.--The compensation of
23 the injured employee shall not be more than the maximum
24 compensation payable nor less than 50% of the Statewide average
25 weekly wage.
26 (c) Minimum for certain employees.--If at the time of injury
27 the employee receives wages equal to or less than 50% of the
28 Statewide average weekly wage, then he shall receive 90% of his
29 average weekly wage as compensation but in no event less than 33
30 1/3% of the maximum weekly compensation payable.
19850H1852B2415 - 61 -
1 (d) Payment after cessation of disability.--Nothing in this
2 section shall require payment of compensation after disability
3 ceases.
4 § 1702. Partial disability.
5 (a) General rule.--Compensation for partial disability shall
6 be 66 2/3% of the difference between the wages of the injured
7 employee as defined in section 1761 (relating to wages) and the
8 earning power of the employee thereafter but this compensation
9 shall not be more than the maximum compensation payable.
10 (b) Period during which compensation is payable.--
11 (1) Compensation shall be paid during the period of
12 partial disability except as provided in section 1706
13 (relating to waiting period) but for not more than 500 weeks.
14 (2) If total disability is followed by partial
15 disability, the period of 500 weeks shall not be reduced by
16 the number of weeks during which compensation was paid for
17 total disability.
18 (c) Earning power defined.--As used in this subchapter the
19 term "earning power" shall in no case be less than the weekly
20 amount which the employee receives after the injury and, in
21 those cases in which the employee works fewer than five days per
22 week for reasons not connected with or arising out of the
23 disability resulting from the injury, shall not be less than
24 five times his actual daily wage as fixed by the day or hour or
25 by the output of the employee.
26 (d) Maximum combined entitlement.--In no instance shall an
27 employee receiving compensation under this section receive more
28 in compensation and wages combined than a fellow employee in
29 employment similar to that in which the injured employee was
30 engaged at the time of the injury.
19850H1852B2415 - 62 -
1 § 1703. Specific loss.
2 (a) Schedule of losses.--For all disability resulting from
3 permanent injuries of the following classes, compensation shall
4 be exclusively as follows:
5 (1) Hand.--For the loss of a hand, 66 2/3% of wages
6 during 335 weeks.
7 (2) Forearm.--For the loss of a forearm, 66 2/3% of
8 wages during 370 weeks.
9 (3) Arm.--For the loss of an arm, 66 2/3% of wages
10 during 410 weeks.
11 (4) Foot.--For the loss of a foot, 66 2/3% of wages
12 during 250 weeks.
13 (5) Lower leg.--For the loss of a lower leg, 66 2/3% of
14 wages during 350 weeks.
15 (6) Leg.--For the loss of a leg, 66 2/3% of wages during
16 410 weeks.
17 (7) Eye.--For the loss of an eye, 66 2/3% of wages
18 during 275 weeks.
19 (8) Hearing.--For the complete loss of hearing in both
20 ears, 66 2/3% of wages during 260 weeks, and for complete
21 loss of hearing in one ear, 66 2/3% of wages during 60 weeks.
22 (9) Thumb.--For the loss of a thumb, 66 2/3% of wages
23 during 100 weeks.
24 (10) First finger.--For the loss of a first finger,
25 commonly called the index finger, 66 2/3% of wages during 50
26 weeks.
27 (11) Second finger.--For the loss of a second finger, 66
28 2/3% of wages during 40 weeks.
29 (12) Third finger.--For the loss of a third finger, 66
30 2/3% of wages during 30 weeks.
19850H1852B2415 - 63 -
1 (13) Fourth finger.--For the loss of a fourth finger,
2 commonly called the little finger, 66 2/3% of wages during 28
3 weeks.
4 (14) Great toe.--For the loss of a great toe, 66 2/3% of
5 wages during 40 weeks.
6 (15) Other toe.--For the loss of any other toe, 66 2/3%
7 of wages during 16 weeks.
8 (16) Disfigurement.--For serious and permanent
9 disfigurement of the head, neck or face of such a character
10 as to produce an unsightly appearance and such as is not
11 usually incident to the employment, compensation shall be 66
12 2/3% of wages not to exceed 275 weeks.
13 (b) Losses cumulative.--For the loss of, or permanent loss
14 of use of, any two or more members enumerated in subsection (a),
15 not constituting total disability, 66 2/3% of wages during the
16 aggregate of the periods specified for each.
17 (c) Thumbs, fingers and toes.--
18 (1) The loss of the first phalange of the thumb shall be
19 considered the loss of the thumb. The loss of a substantial
20 part of the first phalange of the thumb shall be considered
21 the loss of one-half of the thumb.
22 (2) The loss of any substantial part of the first
23 phalange of a finger, or an amputation immediately below the
24 first phalange for the purpose of providing an optimum
25 surgical result, shall be considered loss of one-half of the
26 finger. Any greater loss shall be considered the loss of the
27 entire finger.
28 (3) The loss of one-half of the thumb, or a finger,
29 shall be compensated at the same rate as for the loss of a
30 thumb or finger but for one-half of the period provided for
19850H1852B2415 - 64 -
1 the loss of a thumb or finger.
2 (4) The loss of the first phalange of the great toe or
3 of any toe shall be considered equivalent to the loss of one-
4 half of the great toe or other toe and shall be compensated
5 at the same rate as for the loss of a great toe or other toe
6 but for one-half of the period provided for the loss of a
7 great toe or other toe.
8 (5) The loss of more than one phalange of a great toe or
9 any toe shall be considered equivalent to the loss of the
10 entire great toe or other toe.
11 (d) Total disability.--Unless the board shall otherwise
12 determine, the loss of both hands, both arms, both feet, both
13 legs or both eyes shall constitute total disability to be
14 compensated according to section 1701 (relating to total
15 disability).
16 (e) Amputation.--
17 (1) Amputation at the wrist shall be considered as the
18 equivalent of the loss of a hand and amputation at the ankle
19 shall be considered as the equivalent of the loss of a foot.
20 (2) Amputation between the wrist and the elbow shall be
21 considered as the loss of a forearm and amputation between
22 the ankle and the knee shall be considered as the loss of a
23 lower leg.
24 (3) Amputation at or above the elbow shall be considered
25 as the loss of an arm and amputation at or above the knee
26 shall be considered as the loss of a leg.
27 (4) Permanent loss of the use of a hand, arm, foot, leg,
28 eye, finger, thumb, great toe or other toe shall be
29 considered as the equivalent of the loss of the hand, arm,
30 foot, leg, eye, finger, thumb, great toe or other toe.
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1 (f) Healing period.--In addition to the payments provided
2 for in subsection (a) for injuries of the classes specified, any
3 period of disability necessary and required as a healing period
4 shall be compensated in accordance with this subsection. The
5 healing period shall end on the earlier of the following:
6 (1) When the claimant returns to employment without
7 impairment in earnings.
8 (2) On the last day of the period specified in the
9 following table:
10 (i) For the loss of a hand, 20 weeks.
11 (ii) For the loss of a forearm, 20 weeks.
12 (iii) For the loss of an arm, 20 weeks.
13 (iv) For the loss of a foot, 25 weeks.
14 (v) For the loss of the lower leg, 25 weeks.
15 (vi) For the loss of a leg, 25 weeks.
16 (vii) For the loss of an eye, ten weeks.
17 (viii) For the loss of hearing, ten weeks.
18 (ix) For the loss of a thumb or any part thereof,
19 ten weeks.
20 (x) For the loss of any other finger or any part
21 thereof, six weeks.
22 (xi) For the loss of a great toe or any part
23 thereof, 12 weeks.
24 (xii) For the loss of any other toe or any part
25 thereof, six weeks.
26 (g) Maximum and minimum compensation for specific loss.--
27 Compensation under subsection (a) shall not be more than the
28 maximum compensation payable nor less than 50% of the maximum
29 compensation payable per week for total disability as provided
30 in section 1701 but in no event more than the Statewide average
19850H1852B2415 - 66 -
1 weekly wage.
2 (h) Compensation for healing period.--Compensation for the
3 healing period under subsection (f) shall be computed as
4 provided in section 1701. When an employee works during the
5 healing period, his wages and earning power shall be as defined
6 in this chapter and he shall not receive more in wages and
7 compensation combined than his wages at the time of the injury
8 as defined in section 1761 (relating to wages). Where any
9 permanent injury requires an amputation at any time after the
10 end of the healing period, the employee shall be entitled to
11 receive compensation for the second healing period and, in the
12 case of a second injury or amputation to the same limb prior to
13 the expiration of the first healing period, a new healing period
14 shall commence and no further compensation shall be payable for
15 the first healing period.
16 (i) Separate injuries.--Where, at the time of the injury,
17 the employee receives other injuries separate from those which
18 result in permanent injuries enumerated in this section, the
19 number of weeks for which compensation is specified for the
20 permanent injuries shall begin at the end of the period of
21 temporary total disability which results from the other separate
22 injuries, but in that event the employee shall not receive
23 compensation provided in this section for the specific healing
24 period. In the event the employee suffers two or more permanent
25 injuries of the classes compensable under this section, he shall
26 be compensated for the largest single healing period rather than
27 the aggregate of the healing periods.
28 § 1704. Payment to survivors.
29 (a) General rule.--If the employee dies from some other
30 cause than the injury, payments of compensation to which the
19850H1852B2415 - 67 -
1 deceased would have been entitled to under section 1703(a)
2 (relating to specific loss) shall be paid to the following
3 persons who at the time of the death of the deceased were
4 dependents within the definition of section 1722 (relating to
5 payment to dependents) and in the following order and amounts:
6 (1) To the surviving spouse if there are no children
7 under 18 years of age.
8 (2) To a surviving spouse and a surviving child, or
9 children, in which event the spouse shall receive one-half
10 and the surviving child or children shall receive the other
11 half.
12 (3) To a surviving child or children if there is no
13 surviving spouse.
14 (4) If there is no surviving spouse and no surviving
15 child or children of the deceased, then to that dependent or
16 those dependents named in section 1721(c)(3) (relating to
17 compensation for death).
18 (5) If there are no other persons eligible, then to
19 those persons named in section 1721(c)(4).
20 (6) If there are no dependents eligible to receive
21 payments under this section, then the payments shall be made
22 to the estate of the deceased but in an amount not exceeding
23 reasonable funeral expenses as provided in this part or, if
24 there is no estate, to the person or persons paying the
25 funeral expenses of the deceased in an amount not exceeding
26 reasonable funeral expenses as provided in this part.
27 (b) Effect of change of status of dependent.--Compensation
28 which is paid to those dependents named in subsection (a) shall
29 not cease even though the person receiving the payments ceases
30 to be a dependent as defined in section 1722.
19850H1852B2415 - 68 -
1 § 1705. Subsequent injuries.
2 (a) Total disability.--If an employee who has incurred,
3 through injury or otherwise, permanent partial disability
4 through the loss or loss of use of one hand, one arm, one foot,
5 one leg or one eye incurs total disability through a subsequent
6 injury causing loss or loss of use of another hand, arm, foot,
7 leg or eye, he shall be entitled to additional compensation as
8 provided in this section.
9 (b) Additional compensation.--After the cessation of
10 payments by the employer for the period of weeks prescribed in
11 section 1703 (relating to specific loss) for the subsequent
12 injury, additional compensation shall be paid during the
13 continuance of total disability at the weekly compensation rate
14 applicable for total disability. This additional compensation
15 shall be paid by the department out of the Subsequent Injury
16 Fund provided for in Subchapter B of Chapter 5 (relating to
17 Subsequent Injury Fund).
18 (c) Bar on claims.--All claims for additional compensation
19 shall be forever barred unless the employee has filed a petition
20 therefor with the department in the same manner and within the
21 same time as provided in section 1513 (relating to limitation on
22 claims) with respect to other injuries.
23 (d) Content of award.--In an award under this section, the
24 referee or the board shall specifically find the amount the
25 injured employee shall be paid weekly, the number of weeks
26 compensation which shall be paid by the employer, the date upon
27 which payments shall begin and, if possible, the length of time
28 the payments shall continue.
29 (e) Effect of receipt of other disability benefits.--Where a
30 person is receiving benefits under the act of June 28, 1935
19850H1852B2415 - 69 -
1 (P.L.477, No.193), referred to as the Enforcement Officer
2 Disability Benefits Law, the three-year period in which parties
3 must file a petition for additional compensation shall not begin
4 to run until the expiration of the receipt of benefits under
5 that act.
6 (f) Effect of receipt of certain other benefits.--Any
7 benefits received by any employee or to which he may be entitled
8 by reason of the increased disability from any State or Federal
9 fund or agency to which the employee has not directly
10 contributed shall be regarded as a credit to any award made
11 against the Commonwealth excepting those benefits received by an
12 employee by reason of service-connected physical injuries
13 incurred during any war between the United States and any
14 foreign country.
15 § 1706. Waiting period.
16 No compensation shall be allowed for the first seven days
17 after disability begins except as provided in Subchapter C
18 (relating to medical services and procedure). If the period of
19 disability lasts 14 days or more, the employee shall also
20 receive compensation for the first seven days of disability.
21 SUBCHAPTER B
22 COMPENSATION FOR DEATH
23 Sec.
24 1721. Compensation for death.
25 1722. Payment to dependents.
26 1723. Payment to guardian, etc.
27 § 1721. Compensation for death.
28 (a) General rule.--In case of death, compensation shall be
29 computed and distributed in accordance with this subchapter.
30 (b) Determination of wages.--In no case shall the wages of
19850H1852B2415 - 70 -
1 the deceased be deemed to be less than 50% of the Statewide
2 average weekly wage for purposes of this subchapter.
3 (c) Schedule of compensation.--
4 (1) Children.--If there is no surviving spouse entitled
5 to compensation, compensation shall be paid to the guardian
6 of the child or children or, if there is no guardian, to such
7 other person or persons as may be designated by the board as
8 provided in this subsection as follows:
9 (i) If there is one child, 32% of wages of the
10 deceased but not in excess of the Statewide average
11 weekly wage.
12 (ii) If there are two children, 42% of wages of the
13 deceased but not in excess of the Statewide average
14 weekly wage.
15 (iii) If there are three children, 52% of wages of
16 the deceased but not in excess of the Statewide average
17 weekly wage.
18 (iv) If there are four children, 62% of wages of the
19 deceased but not in excess of the Statewide average
20 weekly wage.
21 (v) If there are five children, 64% of wages of the
22 deceased but not in excess of the Statewide average
23 weekly wage.
24 (vi) If there are six or more children, 66 2/3% of
25 wages of the deceased but not in excess of the Statewide
26 average weekly wage.
27 (2) Surviving spouse.--If there is a surviving spouse,
28 compensation shall be paid to the surviving spouse as
29 follows:
30 (i) If there are no children, 51% of wages but not
19850H1852B2415 - 71 -
1 in excess of the Statewide average weekly wage.
2 (ii) If there is one child, 60% of wages but not in
3 excess of the Statewide average weekly wage.
4 (iii) If there are two or more children, 66 2/3% of
5 wages but not in excess of the Statewide average weekly
6 wage.
7 (3) Parent.--If there is no surviving spouse or child
8 entitled to compensation, compensation shall be paid to the
9 father or mother as follows:
10 (i) If dependent to any extent upon the employee at
11 the time of the injury, 32% of wages but not in excess of
12 the Statewide average weekly wage. In the case of a minor
13 child who has been contributing to his parents, the
14 dependency of the parents shall be presumed.
15 (ii) If totally dependent upon the deceased employee
16 at the time of the injury, 52% of wages but not in excess
17 of the Statewide average weekly wage.
18 (4) Brothers and sisters.--If there is no surviving
19 spouse, child or dependent parent entitled to compensation,
20 compensation shall be paid to the brothers and sisters if
21 actually dependent upon the decedent for support at the time
22 of his death as follows: 22% of wages for one brother or
23 sister, and 5% additional for each additional brother or
24 sister, with a maximum of 32% of wages of deceased but not in
25 excess of the Statewide average weekly wage. This
26 compensation shall be paid to their guardian or, if there is
27 no guardian, to such other person or persons as may be
28 designated by the board as provided in this subchapter.
29 (5) Burial expenses.--Whether or not there are
30 dependents, the reasonable expense of burial, not exceeding
19850H1852B2415 - 72 -
1 $1,500, shall be paid by the employer or insurer directly to
2 the funeral director without deduction of any amounts
3 previously paid for compensation or for medical expenses.
4 § 1722. Payment to dependents.
5 (a) Children, brothers and sisters.--Compensation shall be
6 payable under this subchapter to or on account of any child,
7 brother or sister only if and while the child, brother or sister
8 is under 18 years of age unless the child, brother or sister is
9 dependent because of disability in which case compensation shall
10 continue or be paid during the disability of a child, brother or
11 sister over 18 years of age or unless the child is enrolled as a
12 full-time student in any accredited educational institution in
13 which case compensation shall continue until the student becomes
14 23 years of age.
15 (b) Surviving spouse.--No compensation shall be payable
16 under this section to a surviving spouse unless the surviving
17 spouse was living with the deceased employee at the time of the
18 employee's death or was then actually dependent upon the
19 employee and receiving from the employee a substantial portion
20 of the surviving spouse's support.
21 (c) Child defined.--If members of decedent's household at
22 the time of his death, the terms "child" and "children" include
23 step-children, adopted children and children to whom the
24 decedent stood in loco parentis. The term includes posthumous
25 children.
26 (d) Death or remarriage.--If a dependent of a deceased
27 employee dies or remarries, the right of the dependent to
28 compensation under this subchapter shall cease except that if a
29 widow remarries she shall receive 104 weeks compensation at a
30 rate computed in accordance with section 1721(c)(2)(i) (relating
19850H1852B2415 - 73 -
1 to compensation for death) in a lump sum after which
2 compensation shall cease.
3 (e) Termination on certain grounds.--If, upon investigation
4 and hearing, it ascertained that the widow or widower is living
5 with a man or woman, as the case may be, in meretricious
6 relationship and not married, or the widow is living a life of
7 prostitution, the board may order the termination of
8 compensation payable to the widow or widower.
9 (f) Effect of cessation of payment to a dependent.--If the
10 compensation payable under this subchapter to any person shall
11 for any cause cease, the compensation to the remaining persons
12 entitled to compensation shall thereafter be the same as would
13 have been payable to them had they been the only persons
14 entitled to compensation at the time of the death of the
15 deceased.
16 § 1723. Payment to guardian, etc.
17 (a) Disposition of compensation.--The board, if the best
18 interest of a child or children requires, may, at any time order
19 the compensation payable to a child or children, or to a
20 surviving spouse on account of any child or children, to be paid
21 to the guardian of the child or children or, if there is no
22 guardian, to such other person as the board may direct. If there
23 is no guardian of any minor, dependent or insane employee, on
24 whose account compensation is payable, the amount payable on
25 account of the minor, dependent or insane employee may be paid
26 to any surviving parent or such other person as the board may
27 order and direct.
28 (b) Accounting and bond.--The board may require any person,
29 other than a guardian, to whom it has directed compensation for
30 a minor, dependent or insane employee to be paid, to render
19850H1852B2415 - 74 -
1 accounts of the receipts and disbursements of that person and to
2 file with the board a satisfactory bond in a sum sufficient to
3 secure the proper application of the moneys received by that
4 person.
5 SUBCHAPTER C
6 MEDICAL SERVICES AND PROCEDURE
7 Sec.
8 1741. Application of subchapter.
9 1742. Employer liability.
10 1743. Procedure.
11 1744. Medical services.
12 1745. Forfeiture upon refusal of service.
13 1746. Effect of payment on limitations period.
14 1747. Medical records.
15 1748. Medical examination.
16 § 1741. Application of subchapter.
17 This subchapter applies in injury cases whether or not loss
18 of earning power occurs.
19 § 1742. Employer liability.
20 The employer shall provide payment for reasonable surgical
21 and medical services, services rendered by licensed
22 practitioners of the healing arts, medicines and supplies, as
23 and when needed, in accordance with this subchapter.
24 § 1743. Procedure.
25 (a) Requirement to visit certain physicians and other
26 practitioners.--If a list of at least five designated physicians
27 or other licensed practitioners of the healing arts or a
28 combination thereof is provided by the employer, the employee
29 shall be required to visit one of the physicians or other
30 practitioners so designated and shall continue to visit the same
19850H1852B2415 - 75 -
1 or another physician or practitioner for a period of 14 days
2 from the date of the first visit.
3 (b) Subsequent treatment.--Subsequent treatment may be
4 provided by any physician or any other licensed practitioner of
5 the healing arts or a combination thereof, of the employee's own
6 choice, and the treatment shall be paid for by the employer. An
7 employee who next following the termination of the 14-day period
8 is provided treatment from a physician or other licensed
9 practitioner of the healing arts who is not one of the
10 physicians or practitioners designated by the employer shall
11 notify the employer within five days of the first visit to the
12 physician or practitioner. If, however, the employee fails to so
13 notify the employer, the employee shall suffer no loss of rights
14 or benefits to which he is otherwise entitled under this part.
15 (c) Reporting procedure.--
16 (1) If the employer has designated at least five
17 physicians or other licensed practitioners of the healing
18 arts or a combination thereof as provided in subsection (a),
19 the reporting provisions of this subsection apply but they do
20 not eliminate the rights of the employer to obtain all
21 records and data as permitted under any other provision of
22 this part.
23 (2) The physician or other licensed practitioner of the
24 healing arts shall be required to file periodic reports with
25 the employer on a form prescribed by the department which
26 shall include, where pertinent, history, diagnosis,
27 treatment, prognosis and physical findings. The report shall
28 be filed within 21 days of commencing treatment and at least
29 once a month thereafter as long as treatment continues. The
30 employer shall not be liable to pay for this treatment until
19850H1852B2415 - 76 -
1 a report has been filed.
2 (3) The employer shall have the right to petition the
3 department for review of the necessity or frequency of
4 treatment or reasonableness of fees for services provided by
5 a physician or other licensed practitioner of the healing
6 arts. The petition shall not act as a supersedeas and during
7 the pendency of the petition the employer shall pay all
8 medical bills if the physician or other practitioner of the
9 healing arts files the reports required by paragraph (2).
10 (d) Treatment by another physician or practitioner.--After
11 an employee has elected to be treated by a physician or other
12 licensed practitioner of the healing arts who is not one of the
13 physicians or practitioners designated by the employer, the
14 employee may thereafter elect to be treated by another physician
15 or other practitioner upon notice to the employer. Notice is not
16 required in emergencies or in cases of referrals by one
17 physician or practitioner to another physician or practitioner
18 or if the new physician or practitioner makes a timely report to
19 the employer within 21 days after commencing treatment.
20 § 1744. Medical services.
21 (a) Employer liability.--The employer shall provide payment
22 for medicines and supplies, hospital treatment, services and
23 supplies, orthopedic appliances and prostheses. The cost for
24 hospital treatment, services and supplies shall not in any case
25 exceed the prevailing charge in the hospital for like services
26 to other individuals.
27 (b) Prosthetic devices.--Whenever an employee has suffered
28 the loss of a limb, part of a limb or an eye, the employer shall
29 also provide payment for an artificial limb or eye or other
30 prostheses of a type and kind recommended by the physician
19850H1852B2415 - 77 -
1 attending the employee in connection with the injury and any
2 replacements for an artificial limb or eye which the employee
3 may require at any time thereafter together with such continued
4 medical care as may be prescribed by the physician attending the
5 employee in connection with the injury as well as such training
6 as may be required in the proper use of the prostheses.
7 (c) Hospital accommodations.--If hospital confinement is
8 required, the employee shall be entitled to a semiprivate room,
9 but if the same is not available, regardless of the employee's
10 condition, the employer shall be liable for the additional cost
11 of a private room.
12 § 1745. Forfeiture upon refusal of service.
13 If the employee refuses reasonable services of licensed
14 practitioners of the healing arts, surgical, medical and
15 hospital services, treatment, medicines and supplies, the
16 employee forfeits all rights to compensation for any injury or
17 any increase in his incapacity shown to have resulted from this
18 refusal.
19 § 1746. Effect of payment on limitations period.
20 The payment by an insurer for any medical, surgical or
21 hospital services or supplies after any statute of limitations
22 provided for in this part has expired shall not act to reopen or
23 revive any compensation rights for purposes of such limitations
24 period.
25 § 1747. Medical records.
26 Where an employer has furnished surgical and medical services
27 or hospitalization in accordance with this subchapter or where
28 the employee has himself procured them, the employer or employee
29 shall, upon request, in any pending proceeding, be furnished
30 with, or have made available, a true and complete record of the
19850H1852B2415 - 78 -
1 medical and surgical services and hospital treatment, including
2 X-rays, laboratory tests and all other medical and surgical data
3 in the possession or under the control of the party requested to
4 furnish or make available this data.
5 § 1748. Medical examination.
6 (a) Examination requirement.--At any time after an injury,
7 the employee, if so requested by his employer, must submit to an
8 examination at some reasonable time and place to a physician who
9 is legally authorized to practice under the laws of the
10 designated place and who shall be selected and paid by the
11 employer.
12 (b) Order of board.--If the employee refuses, upon the
13 request of the employer, to submit to an examination by the
14 physician selected by the employer, the board may, upon petition
15 of the employer, order the employee to submit to an examination
16 at a time and place set by it and by the physician selected and
17 paid by the employer or by a physician designated by it and paid
18 by the employer. The board may, at any time after the first
19 examination, upon petition of the employer, order the employee
20 to submit to such further examinations as it deems reasonable
21 and necessary, at the times and places and by the physicians as
22 it may designate, and in such case the employer shall pay the
23 fees and expenses of the examining physician and the reasonable
24 traveling expenses and loss of wages incurred by the employee in
25 order to submit to this examination.
26 (c) Refusal or neglect of employee.--The refusal or neglect,
27 without reasonable cause or excuse, of the employee to submit to
28 an examination ordered by the board, either before or after an
29 agreement or award, shall deprive him of the right to
30 compensation under this part during the continuance of this
19850H1852B2415 - 79 -
1 refusal or neglect and the period of refusal or neglect shall be
2 deducted from the period during which compensation would
3 otherwise be payable.
4 (d) Employee's physician.--The employee shall be entitled to
5 have a physician or physicians of his own selection, to be paid
6 by him, participate in any examination requested by his employer
7 or ordered by the board.
8 SUBCHAPTER D
9 MISCELLANEOUS PROVISIONS
10 Sec.
11 1761. Wages.
12 1762. Compensation in periodic installments.
13 1763. Commutation.
14 1764. Trusts.
15 1765. Subrogation.
16 1766. Preference rights.
17 1767. Aliens.
18 1768. Supplemental compensation.
19 1769. Interest.
20 1770. Prohibited compensation.
21 1771. Special compensation.
22 § 1761. Wages.
23 (a) Determination of wages.--As used in this chapter the
24 term "wages" means the average weekly wages of the employee
25 ascertained in accordance with this section and the rules and
26 regulations of the department.
27 (b) Wages fixed by week.--If, at the time of the injury, the
28 wages are fixed by the week, the amount so fixed shall be the
29 average weekly wage.
30 (c) Wages fixed by month.--If, at the time of the injury,
19850H1852B2415 - 80 -
1 the wages are fixed by the month, the average weekly wage shall
2 be the monthly wage so fixed multiplied by 12 and divided by 52.
3 (d) Wages fixed by year.--If, at the time of the injury, the
4 wages are fixed by the year, the average weekly wage shall be
5 the yearly wage so fixed divided by 52.
6 (e) Wages fixed by day, hour or output.--
7 (1) If, at the time of the injury, the wages are fixed
8 by the day, hour or output of the employee, the average
9 weekly wage shall be the wage most favorable to the employee
10 computed by dividing by 13 the total wages of the employee
11 earned in the employ of the employer in the first, second,
12 third or fourth period of 13 consecutive calendar weeks in
13 the 52 weeks immediately preceding the injury or, in case the
14 employee receives wages monthly or semimonthly, by dividing
15 by 13 the total wages of the employee earned in the employ of
16 the employer in the first, second, third or fourth period of
17 three consecutive calendar months in the year immediately
18 preceding the injury.
19 (2) If the employee has been in the employ of his
20 employer less than 13 calendar weeks (or three calendar
21 months if the employee receives wages monthly or semimonthly)
22 immediately preceding the injury, his average weekly wage
23 shall be computed under paragraph (1), taking "total wages"
24 for that purpose to be the amount he would have earned had he
25 been so employed by employer the full 13 calendar weeks (or
26 three calendar months) immediately preceding the injury and
27 had worked, when work was available to other employees in a
28 similar occupation, unless it is conclusively shown that by
29 reason of exceptional causes this method of computation does
30 not ascertain fairly the "total wages" of employee so
19850H1852B2415 - 81 -
1 employed less than 13 calendar weeks (or three calendar
2 months).
3 (f) Seasonal occupations.--In occupations which are
4 exclusively seasonal and therefore cannot be carried on
5 throughout the year, the average weekly wage shall be taken to
6 be 2% of the total wages which the employee has earned from all
7 occupations during the 12 calendar months immediately preceding
8 the injury unless it is shown that during that year, by reason
9 of exceptional causes, this method of computation does not
10 ascertain fairly the earnings of the employee in which case the
11 period for calculation shall be extended so far as to give a
12 basis for the fair ascertainment of the average weekly earnings.
13 (g) Board, lodging, gratuities, etc.--As used in this
14 section the terms "average weekly wage" and "total wages"
15 include board and lodging received from the employer and, in
16 employments in which employees customarily receive not less than
17 one-third of their remuneration in tips or gratuities not paid
18 by the employer, gratuities shall be added to the wages
19 received. These terms do not include:
20 (1) Amounts deducted by the employer under the contract
21 of hiring for labor furnished or paid for by the employer and
22 necessary for the performance of the contract by the
23 employee.
24 (2) Deductions from wages due the employer for rent and
25 supplies necessary for the use of the employee in the
26 performance of his labor.
27 (h) Concurrent employment.--Where the employee is working
28 under concurrent contracts with two or more employers, his wages
29 from all the employers shall be considered as if earned from the
30 employer liable for compensation.
19850H1852B2415 - 82 -
1 (i) Computation in certain cases.--If under subsections (b),
2 (c), (d), (e) and (f) the amount of wages determined is less
3 than if computed by dividing the total wages earned by the
4 employee during the last two completed calendar quarters with
5 the same employer by the number of days he worked for the
6 employer during that period multiplied by five, then this
7 computation of wages, as provided in this subsection, shall
8 apply.
9 (j) Average weekly wage.--In no case shall an employee's
10 average weekly wage be less than 7.7% of his highest calendar
11 quarter wage amount in the first four of the last five completed
12 calendar quarters immediately preceding the date of his injury
13 and compensation payments may be commenced on this basis unless
14 other information obtained from the employee or employer
15 establishes a higher weekly wage under this section.
16 § 1762. Compensation in periodic installments.
17 Compensation payable under Subchapters A (relating to
18 compensation for injury) and B (relating to compensation for
19 death) shall be paid in the same periodic installments as the
20 wages of the employee were paid before the injury.
21 § 1763. Commutation.
22 (a) General rule.--Future installments of compensation may
23 at any time be commuted by a referee or the board at its then
24 value when discounted at 5% per year, upon application of either
25 party with due notice to the other if any of the following
26 conditions exist:
27 (1) The commutation will be for the best interest of the
28 employee or the dependents of the deceased employee and it
29 will avoid undue expense or undue hardship to either party.
30 (2) The employee or dependent has removed or is about to
19850H1852B2415 - 83 -
1 remove from the United States.
2 (3) The employer has sold or otherwise disposed of the
3 whole or the greater part of his business or assets.
4 (b) Indemnity.--Unless the employer otherwise agrees to make
5 commutation, the board may require the employee or the
6 dependents of the deceased employee to furnish proper indemnity
7 safeguarding the employer's rights.
8 (c) Commutation of 25 weeks or less.--Where there are no
9 more than 25 weeks of compensation remaining to be paid, the
10 insurer or self-insurer may commute the future installments
11 without discount upon furnishing the employee written notice of
12 the commutation on a form prescribed by the department a copy of
13 which shall be filed immediately with the department.
14 § 1764. Trusts.
15 At any time after the approval of an agreement or after the
16 entry of the award, a sum equal to all future installments of
17 compensation may, where death or the nature of the injury
18 renders the amount of future payments certain, with the approval
19 of the board, be paid by the employer to any financial
20 institution or life insurance company in good standing and
21 authorized to do business in this Commonwealth. This sum,
22 together with all accumulated interest, shall thereafter be held
23 in trust for the employee or his dependents who shall have no
24 further recourse against the employer. The payment of this sum
25 by the employer, evidenced by the receipt of the trustee noted
26 upon the prothonotary's docket, shall operate as a satisfaction
27 of the award as to the employer. Payments from the trust fund
28 shall be made by the trustee in the same amounts and at the same
29 periods as are required of the employer until the fund and
30 interest are exhausted. In the appointment of the trustee,
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1 preference shall be given, in the discretion of the board, to
2 the choice of the employee or the dependents of the deceased
3 employee. If there remains any unexpended balance in the fund
4 after the payment of all sums due under this part, the balance
5 shall be repaid to the employer who made the original payment or
6 to his legal representatives.
7 § 1765. Subrogation.
8 (a) General rule.--Where the compensable injury is caused in
9 whole or in part by the act or omission of a third party, the
10 employer shall be subrogated to the right of the employee or his
11 personal representative, estate or dependents against the third
12 party to the extent of the compensation payable under this
13 chapter by the employer. Reasonable attorney fees and other
14 proper disbursements incurred in obtaining a recovery or in
15 effecting a compromise settlement shall be prorated between the
16 employer and employee or his personal representative, estate or
17 dependents. The employer shall pay that proportion of the
18 attorney fees and other proper disbursements that the amount of
19 compensation paid or payable at the time of recovery or
20 settlement bears to the total recovery or settlement.
21 (b) Advance payment.--Any recovery against a third party in
22 excess of the compensation paid by the employer shall be paid
23 forthwith to the employee or his personal representative, estate
24 or dependents and shall be treated as an advance payment by the
25 employer on account of any future installments of compensation.
26 (c) Subrogation in other cases.--Where an employee has
27 received payments for the disability or medical expense
28 resulting from an injury in the course of his employment paid by
29 the employer or an insurance company on the basis that the
30 injury and disability were not compensable under this part, in
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1 the event of an agreement or award for that injury the employer
2 or insurance company who made the payments shall be subrogated
3 out of the agreement or award to the amount so paid if the right
4 to subrogation is agreed to by the parties or is established at
5 the time of hearing before the referee or the board.
6 § 1766. Preference rights.
7 (a) Nature of preference.--The right of compensation granted
8 by this part shall have the same preference, without limit of
9 amount, against the assets of an employer liable for the
10 compensation as is now or may hereafter be allowed by law for a
11 claim for unpaid wages for labor.
12 (b) Priority of judgments, etc.--No claim for compensation
13 shall have priority over any judgment, mortgage or conveyance of
14 land recorded prior to the filing of the petition, award or
15 agreement as to compensation in the office of the prothonotary
16 of the county in which the land is situated.
17 (c) Compensation not assignable.--Claims for payments due
18 and compensation payments made under this part shall not be
19 assignable.
20 § 1767. Aliens.
21 (a) Right to compensation.--Alien widows, children and
22 parents not residents of the United States shall be entitled to
23 compensation but only to the amount of 50% of the compensation
24 which would have been payable if they were residents of the
25 United States and only if compensation benefits are granted
26 residents of the United States under the laws of the foreign
27 country in which the widow, children or parents reside. Alien
28 widowers, brothers and sisters who are not residents of the
29 United States shall not be entitled to receive any compensation.
30 In no event shall any nonresident alien widow or parent be
19850H1852B2415 - 86 -
1 entitled to compensation in the absence of proof that the alien
2 widow or parent has actually been receiving a substantial
3 portion of his or her support from the decedent. Where
4 transmission of funds in payment of compensation is prohibited
5 by any statute of this Commonwealth or of the United States to
6 residents of that foreign country, then no compensation shall
7 accrue or be payable while the prohibition remains in effect
8 and, unless the prohibition is removed within six years from the
9 date of death, all obligation to pay compensation under this
10 section shall be forever extinguished.
11 (b) Fee for claims by aliens.--In every instance where an
12 award is made to alien widows, children or parents not residents
13 in the United States, the referee or the board shall, in the
14 award, fix the amount of any fee allowed to any person for
15 services in connection with presenting the claim. It is a
16 misdemeanor of the third degree punishable by a fine of not more
17 than $500, or imprisonment for not more than six months, or
18 both, to accept any remuneration for the services other than
19 that provided by the referee or board.
20 § 1768. Supplemental compensation.
21 A person receiving compensation under section 1701 (relating
22 to total disability), 1702 (relating to partial disability) or
23 1703(d) (relating to specific loss) or Subchapter B (relating to
24 compensation for death) as a result of an accident which
25 occurred prior to March 17, 1968, shall have the compensation
26 rate adjusted to the level they would have received had the
27 injury occurred on March 17, 1968, and had the injured employee
28 been earning wages equal to $90 per week. The additional
29 compensation shall be paid by the self-insured employer or
30 insurance carrier making payment and shall be reimbursed in
19850H1852B2415 - 87 -
1 advance by the Commonwealth on a quarterly basis as provided in
2 rules and regulations of the department. The payment of
3 additional compensation shall be made by the carrier or self-
4 insured employer only during those fiscal years for which
5 appropriations are made to cover reimbursement.
6 § 1769. Interest.
7 Interest shall accrue on all due and unpaid compensation at
8 the rate of 10% per year.
9 § 1770. Prohibited compensation.
10 No person who is qualified for or is receiving compensation
11 under this part shall, with respect to the same period, receive
12 compensation under the former provisions of the act of June 21,
13 1939 (P.L.566, No.284), known as The Pennsylvania Occupational
14 Disease Act.
15 § 1771. Special compensation.
16 (a) Qualifications.--
17 (1) An employee who meets all of the following shall be
18 entitled to compensation under this section:
19 (i) Is a resident of the Commonwealth.
20 (ii) Has had at least two years exposure to a
21 silica, coal or asbestos hazard within the Commonwealth.
22 (iii) Is totally disabled from an occupational
23 disease as a result of such exposure.
24 (iv) Has not been compensated for such disability
25 because his claim was barred by any of the time
26 limitations prescribed by this part or by any of the
27 former provisions of the act of June 21, 1939 (P.L.566,
28 No.284), known as The Pennsylvania Occupational Disease
29 Act.
30 (2) It shall not be necessary that an employee awarded
19850H1852B2415 - 88 -
1 compensation under this section remain within the
2 Commonwealth.
3 (b) Amount and duration.--Compensation shall be in the
4 amount of $125 per month beginning with the first month of
5 disability and continuing for the duration of total disability.
6 (c) Application.--
7 (1) An application for compensation shall be on a form
8 prescribed by the department. Every application shall be
9 accompanied by two prints of the same recent photograph of
10 the applicant, and such other proof of identity as the
11 department shall require. One of the prints shall be stamped
12 by the department and returned to the applicant, who shall
13 deliver it to the physician at the time of examination. The
14 physician shall attach the print to his report to the
15 department.
16 (2) An application for compensation under this section
17 shall not be accepted from any person who, during the
18 preceding six months, has been determined to be ineligible
19 hereunder.
20 (d) Payment of compensation.--All compensation under this
21 section shall be paid by the Commonwealth.
22 (e) Federal awards.--Upon the award of any benefits under
23 the Federal Coal Mine Health and Safety Act of 1969 (Public Law
24 91-173) to a person who is also receiving or claiming
25 compensation under this section, such person shall have his
26 monthly compensation suspended effective with the month
27 following the month of award of Federal benefits, as may be
28 evidenced by a copy of the Federal award certificate. Upon any
29 future action by the United States Congress, Federal executive
30 departments, or Federal courts which would make present
19850H1852B2415 - 89 -
1 recipients under this section eligible for both Federal and
2 State payments, the sum of which would exceed the maximum
3 authorized Federal payment, the eligible recipients would then
4 receive retroactively all State payments that were suspended
5 under this section. All recipients who have their State payments
6 suspended shall continue their eligibility and entitlement under
7 this section and at any time in the future for whatever reason
8 that such recipients' payments under the Federal law are
9 terminated, suspended or reduced their State payments shall be
10 reinstituted effective with the month following the month that
11 Federal benefits are terminated, suspended or reduced.
12 (f) Definition.--As used in this section the term
13 "occupational disease" means silicosis, anthraco-silicosis, coal
14 worker's pneumoconiosis and asbestosis.
15 CHAPTER 19
16 PROCEDURE
17 Subchapter
18 A. General Provisions
19 B. Proceedings Before Referees and Board
20 SUBCHAPTER A
21 GENERAL PROVISIONS
22 Sec.
23 1901. Definitions.
24 1902. Duties of department.
25 1903. Delivery of papers to department.
26 1904. Docketing of papers.
27 1905. Service on parties in interest.
28 1906. Manner of service.
29 1907. Payment of compensation.
30 1908. Payment by agreement or notice.
19850H1852B2415 - 90 -
1 1909. Modification by agreement.
2 1910. Agreement procedure.
3 1911. Final receipt.
4 § 1901. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Employer." The employer as defined in Chapter 11 (relating
9 to definitions, application and coverage) or his duly authorized
10 agent or his insurer if the insurer has assumed the employer's
11 liability or the State fund if the employer is insured by the
12 fund.
13 "Insurer" or "carrier." The State fund or other insurance
14 carrier which has insured the employer's liability under this
15 part or the employer in cases of self-insurance.
16 § 1902. Duties of department.
17 (a) Enforcement of performance standards.--The department
18 shall, in fulfillment of its responsibilities under this part,
19 enforce the time standards and other performance standards
20 provided in this part for the prompt processing of injury cases
21 and payment of compensation when due by employers and insurers
22 both upon petition by a party or on its own motion.
23 (b) Hearing and determination.--In any case in which
24 compensation has not been timely paid or in which notice of
25 denial of compensation has been given, the department shall hear
26 and determine all claim petitions for compensation filed by
27 employees or their dependents. The department shall also hear
28 and determine all petitions by employers or insurers to suspend,
29 terminate, reduce or otherwise modify compensation payments,
30 awards or agreements and petitions by employees or their
19850H1852B2415 - 91 -
1 dependents to increase, modify or reinstate compensation
2 payments, awards or agreements. Hearings shall be scheduled
3 forthwith upon receipt of the claim petition or other petition,
4 as the case may be, and determinations thereon shall be made
5 promptly and in conformity with time standards established under
6 this part. Hearings shall be conducted by a referee or other
7 hearing officer designated by the department.
8 (c) Delay.--Delays in hearings will be granted according to
9 rules established by the department and any party who
10 unreasonably delays a hearing will be subject to a penalty as
11 provided in section 2121 (relating to imposition of penalties).
12 § 1903. Delivery of papers to department.
13 Petitions, copies of notices of compensation payable,
14 agreements for compensation and all papers requiring action by
15 the department and its referees or the board shall be mailed or
16 delivered to the department at its principal office.
17 § 1904. Docketing of papers.
18 The department shall, immediately upon their receipt,
19 properly file and docket all claim petitions and other
20 petitions, notices of compensation payable, agreements for
21 compensation, findings of fact, awards or disallowances of
22 compensation, or modifications thereof, and all other decisions,
23 reports or papers filed with it under this part or the rules and
24 regulations of the department or the board.
25 § 1905. Service on parties in interest.
26 Immediately upon making or receiving any award or
27 disallowance of compensation, or any modification thereof, or
28 any other decision, the department shall serve a copy thereof on
29 all parties in interest.
30 § 1906. Manner of service.
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1 (a) General rule.--All notices and copies to which any party
2 is entitled under this part shall be served by mail or in such
3 manner as the department shall direct. A notice or copy thereof
4 shall be deemed served on the date when mailed, properly stamped
5 and addressed, and shall be presumed to have reached the party
6 to be served. A party may, however, show by competent evidence
7 that any notice was not received or that there was an unusual or
8 unreasonable delay in its transmission through the mails. In
9 this event, proper allowance shall be made for the party's
10 failure within the prescribed time to assert any right given him
11 by this part.
12 (b) Record of mailing.--The department, the secretary of the
13 board and every referee shall keep a careful record of the date
14 of mailing every notice and copy required by this part to be
15 served on the parties in interest.
16 § 1907. Payment of compensation.
17 (a) Investigation and prompt payment.--The employer and
18 insurer shall promptly investigate each injury reported or known
19 to the employer and shall proceed promptly to commence the
20 payment of compensation due either pursuant to an agreement upon
21 the compensation payable or a notice of compensation payable as
22 provided in section 1908 (relating to payment by agreement or
23 notice) on forms prescribed by the department and furnished by
24 the insurer.
25 (b) First installment.--The first installment of
26 compensation shall be paid not later than 21 days after the
27 employer has notice or knowledge of the employee's disability.
28 (c) Effect of certain payments.--Any payment of compensation
29 made prior or subsequent to an agreement or notice of
30 compensation payable or which is greater in amount than that
19850H1852B2415 - 93 -
1 provided in the agreement or notice shall, to the extent of the
2 amount of the payment, discharge the liability of the employer
3 with respect to such case.
4 (d) Modification.--Payments of compensation pursuant to an
5 agreement or notice of compensation payable may be suspended,
6 terminated, reduced or otherwise modified by petition and
7 subject to right of hearing as provided in section 1938
8 (relating to modification of agreement or notice).
9 (e) Contravention of right to compensation.--If the insurer
10 contravenes the right to compensation it shall promptly notify
11 the employee or his dependent, on a form prescribed by the
12 department, stating the grounds upon which the right to
13 compensation is contravened and shall forthwith furnish a copy
14 or copies to the department.
15 § 1908. Payment by agreement or notice.
16 (a) Agreement.--On or after the seventh day after any injury
17 has occurred, the employer and the employee or his dependent may
18 agree upon the compensation payable under this part. An
19 agreement made prior to the seventh day after the injury has
20 occurred, or permitting a commutation of payments contrary to
21 this part, or varying the amount to be paid or the period during
22 which compensation shall be payable as provided in this part,
23 shall be void. It is unlawful for any employer to accept a
24 receipt showing the payment of compensation when in fact the
25 payment has not been made.
26 (b) Notice.--Where payment of compensation is commenced
27 without an agreement, the employer shall simultaneously give
28 notice of compensation payable to the employee or his dependent,
29 on a form prescribed by the department, identifying the payments
30 as compensation under this part and shall forthwith furnish a
19850H1852B2415 - 94 -
1 copy or copies to the department as required by the rules and
2 regulations. It is the duty of the department to examine the
3 notice to determine whether it conforms to this part and the
4 rules and regulations of the department.
5 (c) Form and procedure.--All agreements made in accordance
6 with this part shall be on a form prescribed by the department
7 and signed by all parties in interest and a copy or copies
8 thereof forwarded to the department as required by the rules and
9 regulations. It is the duty of the department to examine the
10 agreement to determine whether it conforms to this part and the
11 rules and regulations of the department.
12 (d) Validity of notices, etc.--All notices of compensation
13 payable and agreements for compensation and all supplemental
14 agreements for the modification, suspension, reinstatement or
15 termination thereof, and all receipts executed by any injured
16 employee of whatever age or by any dependent to whom
17 compensation is payable under Subchapter B of Chapter 17
18 (relating to compensation for death) and who has attained 16
19 years of age, shall be valid and binding unless modified or set
20 aside as provided in this chapter.
21 § 1909. Modification by agreement.
22 All notices of compensation payable and agreements for
23 compensation may be modified, suspended, reinstated or
24 terminated at any time by an agreement or supplemental
25 agreement, as the case may be, with notice to the department, if
26 the incapacity of an injured employee has increased, decreased,
27 recurred or temporarily or finally terminated or if the status
28 of any dependent has changed.
29 § 1910. Agreement procedure.
30 Any agreement or supplemental agreement executed between an
19850H1852B2415 - 95 -
1 employer and an employee or his dependent shall be executed in
2 triplicate. It is be the duty of the department to examine the
3 agreement to determine whether it conforms to this part and the
4 rules and regulations of the department. The employer shall
5 immediately furnish one copy of the agreement to the employee or
6 his dependent and forward another copy or copies to the
7 department as required by the rules and regulations. If
8 compensation payments have not already been made, compensation
9 shall commence forthwith upon execution of the agreement.
10 § 1911. Final receipt.
11 (a) Termination of liability.--A final receipt, given by an
12 employee or a dependent entitled to compensation under a
13 compensation agreement, notice or award, shall be prima facie
14 evidence of the termination of the employer's liability to pay
15 compensation under the agreement, notice or award.
16 (b) Limitation on setting aside final receipt.--A referee
17 may, at any time within three years from the date to which
18 payments have been made, set aside a final receipt, upon
19 petition filed with the department or on the department's own
20 motion, if it be shown that all disability due to the injury in
21 fact had not terminated.
22 (c) Effect of receipt of other disability benefits.--Where a
23 person is receiving benefits under the act of June 28, 1935
24 (P.L.477, No.193), referred to as the Enforcement Officer
25 Disability Benefits Law, the three-year period within which a
26 referee may set aside a final receipt upon petition filed with
27 the department or upon the department's own motion shall not
28 begin to run until the expiration of the receipt of benefits
29 under that act.
30 SUBCHAPTER B
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1 PROCEEDINGS BEFORE REFEREES AND BOARD
2 Sec.
3 1931. Institution of proceedings.
4 1932. Assignment and service.
5 1933. Answer.
6 1934. Hearing.
7 1935. Hearing on petition.
8 1936. Substitution of referee.
9 1937. Public hearing.
10 1938. Modification of agreement or notice.
11 1939. Authority of referee.
12 1940. Supersedeas on petition.
13 1941. Unlawful modification of compensation.
14 1942. Return to work.
15 1943. Award or disallowance.
16 1944. Appeal to board.
17 1945. Findings of fact.
18 1946. Error of law.
19 1947. Appeal on capricious or fraudulent decision.
20 1948. Remand.
21 1949. Evidence.
22 1950. Depositions and medical records.
23 1951. Evidence in claims of 25 weeks or less.
24 1952. Physicians and other experts.
25 1953. Supersedeas on appeal.
26 1954. Supersedeas reimbursement.
27 1955. Dispute between defendants or insurers.
28 1956. Disposition of compensation upon death of claimant.
29 1957. Rehearing.
30 § 1931. Institution of proceedings.
19850H1852B2415 - 97 -
1 All proceedings before a referee shall be instituted by a
2 claim petition or other petition as the case may be or on the
3 department's own motion and all appeals to the board shall be
4 instituted by appeal addressed to the board. All claim petitions
5 and other petitions and appeals shall be in writing and in the
6 form prescribed by the department.
7 § 1932. Assignment and service.
8 (a) Assignment.--Whenever a claim petition or other petition
9 is presented to the department, the department shall, by general
10 rule or special order, assign it to a referee for hearing.
11 (b) Service.--The department shall serve upon each adverse
12 party a copy of the petition together with a notice that the
13 petition will be heard by the referee to whom it has been
14 assigned (giving his name and address) and shall mail the
15 original petition to the referee together with copies of the
16 notices served upon the adverse parties.
17 § 1933. Answer.
18 (a) Filing.--Within 15 days after a copy of a claim petition
19 or other petition has been served upon an adverse party, he may
20 file with the department or its referee an answer in the form
21 prescribed by the department.
22 (b) Admissions and denials.--Every fact alleged in a claim
23 petition not specifically denied by an answer so filed by an
24 adverse party shall be deemed to be admitted by him. The failure
25 of any party to deny a fact alleged in any other petition shall
26 not, however, preclude the referee before whom the petition is
27 heard from requiring, on his own motion, proof of that fact.
28 (c) Failure to answer or appear.--If a party fails to file
29 an answer or fails to appear in person or by counsel at the
30 hearing without adequate excuse, the referee hearing the
19850H1852B2415 - 98 -
1 petition shall decide the matter on the basis of the petition
2 and evidence presented.
3 § 1934. Hearing.
4 Within 15 days after notice that a petition directed to be
5 heard by a referee has been served upon the parties in interest,
6 the referee shall fix a time and place for hearing the petition.
7 The referee shall, as soon as practicable within the limitations
8 prescribed in this chapter, fix a time and a place for hearing
9 the petition and serve upon all parties in interest a notice of
10 the time and place of hearing and shall serve upon the
11 petitioner a copy of any answer of any adverse party. The
12 hearing on the petition shall be held within 35 days of the
13 filing thereof.
14 § 1935. Hearing on petition.
15 (a) Dispute upon facts.--If, after an injury, the employer
16 or insurer and the employee or his dependent fail to agree upon
17 the facts or the compensation due under this part, the employee
18 or his dependent may present to the department a claim petition
19 for compensation.
20 (b) Dispute upon compensation payable.--Whenever the
21 employer or insurer and the employee or his dependent, on or
22 after the seventh day after an injury, agree on all of the facts
23 on which a claim for compensation depends but fail to agree on
24 the compensation payable, they may petition the department to
25 determine the compensation payable. The petition shall contain
26 the agreed facts and shall be signed by all parties in interest.
27 (c) Hearing.--The department or its referee shall fix a time
28 and place for hearing petitions and shall notify all parties in
29 interest. As soon as possible after the hearing, the department
30 or its referee shall award or disallow compensation in
19850H1852B2415 - 99 -
1 accordance with this part.
2 § 1936. Substitution of referee.
3 At any time before an award or disallowance of compensation
4 or order has been made by a referee to whom a petition has been
5 assigned, the department may order the petition to be heard
6 before any other referee. Unless the department orders
7 otherwise, the testimony taken before the original referee shall
8 be considered as though taken before the substituted referee.
9 § 1937. Public hearing.
10 All hearings before the board, or one or more members
11 thereof, or before a referee, shall be public.
12 § 1938. Modification of agreement or notice.
13 (a) Incorrect agreement or notice.--A referee may, at any
14 time, review and modify or set aside a notice of compensation
15 payable or an original or supplemental agreement, either upon
16 petition filed by either party with the department, or in the
17 course of proceedings upon any petition pending before the
18 referee, if it is proved that the notice of compensation payable
19 or agreement is in any material respect incorrect.
20 (b) Change of disability or status of dependent.--A referee
21 may, at any time, modify, reinstate, suspend or terminate a
22 notice of compensation payable, an original or supplemental
23 agreement or an award, upon petition filed by either party with
24 the department, upon proof that the disability of an injured
25 employee has increased, decreased, recurred or has temporarily
26 or finally ceased or that the status of any dependent has
27 changed.
28 (c) Effective date.--Modification, reinstatement, suspension
29 or termination shall be made as of the date upon which it is
30 shown that the disability of the injured employee has increased,
19850H1852B2415 - 100 -
1 decreased, recurred or temporarily or finally ceased or upon
2 which it is shown that the status of any dependent has changed.
3 (d) Period of limitations.--Except in the case of eye
4 injuries, no notice of compensation payable, agreement or award
5 shall be reviewed, modified or reinstated unless a petition is
6 filed with the department within three years after the date of
7 the most recent payment of compensation made prior to the filing
8 of the petition.
9 (e) Effect of receipt of other disability benefits.--Where a
10 person is receiving benefits under the act of June 28, 1935
11 (P.L.477, No.193), referred to as the Enforcement Officer
12 Disability Benefits Law, the three-year period in which a
13 petition to review, modify or reinstate a notice of
14 compensation, agreement or award must be filed shall not begin
15 to run until the expiration of the receipt of benefits under
16 that act.
17 (f) Effect of receipt of certain other benefits.--A payment
18 made under an established plan or policy of insurance for the
19 payment of benefits on account of nonoccupational illness or
20 injury, that is identified as not being workers' compensation,
21 shall not be considered to be payment in lieu of workers'
22 compensation and the payment shall not toll the running of the
23 limitations period provided for in subsection (d).
24 (g) Effect of certain earnings.--Where compensation has been
25 suspended because the employee's earnings are equal to or in
26 excess of his wages prior to the injury, payments under the
27 agreement or award may be resumed at any time during the period
28 for which compensation for partial disability is payable unless
29 it is shown that the loss in earnings does not result from the
30 disability due to the injury.
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1 § 1939. Authority of referee.
2 The referee to whom a petition filed under section 1938
3 (relating to modification of agreement or notice) has been
4 assigned may subpoena witnesses, hear evidence, make findings of
5 fact and award or disallow compensation in the same manner and
6 with the same effect and subject to the same right of appeal as
7 if the petition were an original claim petition.
8 § 1940. Supersedeas on petition.
9 (a) General rule.--The filing of a petition to terminate or
10 modify a notice of compensation payable or a compensation
11 agreement or award as provided in section 1938 (relating to
12 modification of agreement or notice) may be designated as a
13 request for a supersedeas which may then be granted at the
14 discretion of the referee after hearing the case. A supersedeas
15 thus granted shall serve to suspend the payment of compensation
16 in whole or in part as the referee shall direct.
17 (b) Ruling of referee.--The referee hearing the case shall
18 rule on the request for a supersedeas as soon as possible and
19 may approve the request if proof of a change in medical status
20 or proof of any other fact which would serve to modify or
21 terminate payment of compensation is submitted with the
22 petition. The referee hearing the case may consider any other
23 fact which he deems to be relevant when making the decision on
24 the supersedeas request and this decision shall not be
25 appealable.
26 § 1941. Unlawful modification of compensation.
27 Any insurer who suspends, terminates or decreases payments of
28 compensation without submitting an agreement or supplemental
29 agreement as provided in section 1909 (relating to modification
30 by agreement) or a final receipt as provided in section 1911
19850H1852B2415 - 102 -
1 (relating to final receipt) or without having been granted a
2 supersedeas as provided in section 1940 (relating to supersedeas
3 on petition), shall be subject to penalty as provided in section
4 2121 (relating to imposition of penalties).
5 § 1942. Return to work.
6 An employer may suspend compensation during the time the
7 employee has returned to work at his prior or increased earnings
8 if the employer files a petition to terminate or modify a notice
9 of compensation payable or a compensation agreement or award
10 within 15 days of the return to work.
11 § 1943. Award or disallowance.
12 (a) General rule.--The referee to whom a petition is
13 assigned shall make a record of the hearing and shall make, in
14 writing and as soon as possible after the conclusion of the
15 hearing, such findings of fact, conclusions of law and award or
16 disallowance of compensation or other order as the petition and
17 answers and the evidence produced before him and the provisions
18 of this part, in his judgment, require.
19 (b) Findings of fact.--The findings of fact made by a
20 referee to whom a petition has been assigned or any question of
21 fact which has been referred under section 1948 (relating to
22 remand) shall be final unless an appeal is taken as provided in
23 this part.
24 § 1944. Appeal to board.
25 (a) Grounds for appeal.--Any party in interest, within 20
26 days after notice of a referee's award or disallowance of
27 compensation has been served upon him, may take an appeal to the
28 board on either of the following grounds:
29 (1) That the award or disallowance of compensation is
30 not in conformity with the terms of this part or that the
19850H1852B2415 - 103 -
1 referee committed any other error of law.
2 (2) That the findings of fact and award or disallowance
3 of compensation was unwarranted by sufficient competent
4 evidence or was procured by fraud, coercion or other improper
5 conduct of any party in interest.
6 (b) Extension of time.--The board may, upon cause shown,
7 extend the time provided in this section for taking an appeal or
8 for the filing of an answer or other pleading.
9 § 1945. Findings of fact.
10 In any appeal the board may disregard the findings of fact of
11 the referee if not supported by competent evidence and if deemed
12 proper, may hear other evidence and may substitute for the
13 findings of the referee such findings of fact as the evidence
14 taken before the referee and the board may require, and may make
15 such award or disallowance of compensation or other order as the
16 facts so founded by it may require.
17 § 1946. Error of law.
18 (a) Hearing on appeal.--Whenever an appeal is based upon an
19 alleged error of law, it is the duty of the board to grant a
20 hearing thereon. The board shall fix a time and place for the
21 hearing and shall serve notice thereof on all parties in
22 interest.
23 (b) Decision.--As soon as possible after the hearing, the
24 board shall either sustain or reverse the referee's award or
25 disallowance of compensation or make such modification thereof
26 as it deems proper.
27 § 1947. Appeal on capricious or fraudulent decision.
28 (a) Hearing on appeal.--If on appeal it appears that the
29 referee's award or disallowance of compensation was capricious
30 or caused by fraud, coercion or other improper conduct by any
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1 party in interest, the board may grant a hearing de novo before
2 the board or one or more of its members or remand the case for
3 rehearing to any referee. If the board grants a hearing de novo,
4 it shall fix a time and place for the hearing and shall notify
5 all parties in interest.
6 (b) Decision.--As soon as possible after the hearing by the
7 board, it shall in writing state the findings of fact, whether
8 those of the referee or its own, which are basic to its decision
9 and award or disallow compensation in accordance with this part.
10 § 1948. Remand.
11 The board may remand any case involving a question of fact
12 arising under an appeal to a referee to hear evidence and report
13 to the board the testimony taken before him or such testimony
14 and findings of fact thereon as the board may order. The
15 department may refer any question of fact arising out of any
16 petition assigned to a referee to any other referee to hear
17 evidence and report the testimony taken thereon to the original
18 referee.
19 § 1949. Evidence.
20 Neither the board nor any referee shall be bound by the
21 common law or statutory rules of evidence in conducting any
22 hearing or investigation but all findings of fact shall be based
23 upon sufficient competent evidence.
24 § 1950. Depositions and medical records.
25 (a) Depositions.--If any party or witness resides outside of
26 this Commonwealth or through illness or other cause is unable to
27 testify before the board or a referee, his testimony or
28 deposition may be taken inside or outside this Commonwealth in
29 such manner and in such form as the department may, by special
30 order or general rule, prescribe.
19850H1852B2415 - 105 -
1 (b) Medical records.--The records kept by a hospital of the
2 medical or surgical treatment given to an employee shall be
3 admissible as evidence of the medical and surgical matters
4 stated therein.
5 § 1951. Evidence in claims of 25 weeks or less.
6 Where any claim for compensation at issue before a referee
7 involves 25 weeks or less of disability, either the employee or
8 the employer may submit a certificate by any qualified physician
9 as to the history, examination, treatment, diagnosis and cause
10 of the condition, and sworn reports by other witnesses as to any
11 other facts and such statements shall be admissible as evidence
12 of medical and surgical or other matters therein stated and
13 findings of fact may be based upon these certificates or
14 reports.
15 § 1952. Physicians and other experts.
16 (a) Appointment.--The board or a referee may appoint one or
17 more impartial physicians or surgeons to examine the injuries of
18 the claimant or may employ the services of such other experts as
19 shall appear necessary to ascertain the facts. The report of the
20 physician, surgeon or expert shall be filed with the board or
21 referee, as the case may be, and shall be a part of the record.
22 (b) Compensation.--The board or referee, as the case may be,
23 shall fix the compensation of the physicians, surgeons and
24 experts which shall be paid out of the moneys appropriated to
25 the department for that purpose.
26 § 1953. Supersedeas on appeal.
27 (a) General rule.--No appeal to the board shall operate as a
28 supersedeas unless the board, upon petition therefor, so orders
29 after consideration of the contentions of the parties. The board
30 shall rule upon the petition for a supersedeas as soon as
19850H1852B2415 - 106 -
1 possible and shall consider whether failure to pay or continue
2 to pay compensation immediately may jeopardize the health or
3 well-being of the employee or his dependent and any other facts
4 which the board deems to be relevant. A decision upon the
5 petition shall not be appealable.
6 (b) Penalty.--An insurer or employer who terminates,
7 decreases or refuses to make any payment provided for in the
8 decision without filing a petition and being granted a
9 supersedeas shall be subject to a penalty as provided in section
10 2121 (relating to imposition of penalties) except in the case of
11 payments terminated as provided in section 1911 (relating to
12 final receipt).
13 § 1954. Supersedeas reimbursement.
14 (a) General rule.--If, in any case in which a supersedeas
15 has been requested and denied under section 1940 (relating to
16 supersedeas on petition) or 1953 (relating to supersedeas on
17 appeal), payments of compensation are made as a result thereof
18 and upon the final outcome of the proceedings it is determined
19 that this compensation was not in fact payable, the insurer who
20 has made such payments shall be reimbursed therefor.
21 (b) Procedure.--Application for reimbursement shall be made
22 to the department on forms prescribed by the department and
23 furnished by the insurer. Applications may be assigned to a
24 referee for a hearing and determination of eligibility for
25 reimbursement. An appeal shall lie in the manner and on the
26 grounds provided in section 1944 (relating to appeal to board)
27 from any allowance or disallowance of reimbursement under this
28 section. Disbursement of moneys pursuant to this section shall
29 be upon final adjudication of a request for payment.
30 § 1955. Dispute between defendants or insurers.
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1 Whenever a claim for compensation is presented and the only
2 issue is the liability as between the defendant or the insurer
3 or two or more defendants or insurers, the referee shall
4 forthwith order payments to be immediately made by the
5 defendants or the insurers. After a referee or the board on
6 appeal renders a final decision, the payments made by the
7 defendant or insurer not liable in the case shall be awarded or
8 assessed against the defendant or insurer liable in the case, as
9 costs in the proceedings, in favor of the defendant or insurer
10 not liable in the case.
11 § 1956. Disposition of compensation upon death of claimant.
12 In case a claimant dies before the final adjudication of his
13 claim, the amount of compensation due the claimant to the date
14 of death shall be paid to the dependents entitled to
15 compensation or, if there are no dependents, to the estate of
16 the decedent.
17 § 1957. Rehearing.
18 (a) Authority to grant.--The board, upon petition of any
19 party and upon cause shown, may grant a rehearing of any
20 petition upon which the board has made an award or disallowance
21 of compensation or other order or ruling or upon which the board
22 has sustained or reversed any action of a referee.
23 (b) Time limitation.--A rehearing shall not be granted more
24 than 18 months after the board has made an award, disallowance
25 or other order or ruling or has sustained or reversed any action
26 of a referee.
27 (c) Right of review, etc.--This section shall not limit or
28 restrict the right of the board or a referee to review, modify,
29 set aside, reinstate, suspend or terminate an original or
30 supplemental agreement or an award in accordance with section
19850H1852B2415 - 108 -
1 1938 (relating to modification of agreement or notice).
2 (d) Filing of certificate.--Whenever the board grants a
3 rehearing under this section during the pendency of judicial
4 review, the board shall file with the reviewing court a
5 certified copy of its order granting the rehearing.
6 CHAPTER 21
7 MISCELLANEOUS PROVISIONS
8 Subchapter
9 A. Counsel Fees and Costs
10 B. Enforcement and Penalties
11 C. Records and Reports
12 D. Judgments and Liens
13 SUBCHAPTER A
14 COUNSEL FEES AND COSTS
15 Sec.
16 2101. Award of fees and costs.
17 2102. Approval of counsel fees.
18 2103. Lien for fees and disbursements.
19 § 2101. Award of fees and costs.
20 (a) Contest of liability.--In any contested case where the
21 insurer has contested liability in whole or in part, the
22 employee or his dependent, as the case may be, in whose favor
23 the matter at issue has been finally determined shall be
24 awarded, in addition to the award for compensation, a reasonable
25 sum for counsel fees and costs incurred for witnesses, necessary
26 medical examinations and the value of unreimbursed lost time to
27 attend the proceedings. Counsel fees may be excluded when a
28 reasonable basis for the contest has been established.
29 (b) Contest of amount of compensation.--If the insurer has
30 paid or tendered payment of compensation and the controversy
19850H1852B2415 - 109 -
1 relates to the amount of compensation due, counsel fees shall be
2 based only on the difference between the final award of
3 compensation and the compensation paid or tendered by the
4 insurer.
5 (c) Petitions to modify awards.--In contested cases
6 involving petitions to terminate, reinstate, increase, reduce or
7 otherwise modify compensation awards, agreements or notices or
8 to set aside final receipts, where the contested issue, in whole
9 or part, is resolved in favor of the claimant, the claimant
10 shall be entitled to an award of reasonable fees and costs as
11 set forth in this section.
12 § 2102. Approval of counsel fees.
13 (a) Fee agreements.--All counsel fees agreed upon by the
14 claimant and his counsel for services performed in matters
15 before any referee or the board, whether or not allowed as part
16 of an award, shall be approved by the referee or board, as the
17 case may be, providing the counsel fees do not exceed 20% of the
18 amount awarded. The official conducting any hearing, upon cause
19 shown, may allow a reasonable counsel fee exceeding 20% of the
20 amount awarded at the discretion of the hearing official.
21 (b) Fees where award is not immediate.--In cases where the
22 efforts of claimant's counsel produce a result favorable to the
23 claimant but where no immediate award of compensation is made,
24 the hearing official shall allow or award reasonable counsel
25 fees as agreed upon by the claimant and his counsel without
26 regard to any percentage limitation.
27 § 2103. Lien for fees and disbursements.
28 (a) Approval by judge.--No claim or agreement for legal
29 services or disbursements in relation to any demand made or suit
30 brought under Chapter 13 (relating to actions at law) shall be
19850H1852B2415 - 110 -
1 an enforceable lien against the amount to be paid as damages, or
2 be valid or binding in any respect, unless approved in writing
3 by the judge presiding at the trial or, in case of settlement
4 without trial, by a judge of the court of common pleas of the
5 county in which the injury occurred.
6 (b) Approval by board.--No claim or agreement for legal
7 services or disbursements in relation to any claim for
8 compensation, or in preparing any agreement for compensation,
9 under Chapter 17 (relating to schedule of compensation) shall be
10 an enforceable lien against the amount to be paid as
11 compensation, or be valid or binding in any other respect,
12 unless approved by the board. The claim or agreement shall be
13 filed with the department which shall, as soon as possible,
14 notify the person by whom the claim or agreement was filed of
15 the board's approval or disapproval thereof, as the case may be.
16 (c) Notification of employer.--After the approval required
17 in this section, if the employer is notified in writing of the
18 claim or agreement for legal services and disbursements, the
19 claim or agreement shall be a lien against any amount thereafter
20 to be paid as damages or compensation.
21 (d) Payment of fees and disbursements in certain cases.--
22 Where the employee's compensation is payable by the employer in
23 periodic installments, the board shall fix, at the time of
24 approval, the proportion of each installment to be paid on
25 account of legal services and disbursements and the board may,
26 upon application made to it, commute the sum awarded for legal
27 services and disbursements.
28 SUBCHAPTER B
29 ENFORCEMENT AND PENALTIES
30 Sec.
19850H1852B2415 - 111 -
1 2121. Imposition of penalties.
2 2122. Noncompliance hearings.
3 2123. Revocation or suspension of license to insure.
4 2124. Suspension or revocation of privilege to self-insure.
5 2125. Conduct of adjustment business.
6 § 2121. Imposition of penalties.
7 (a) General rule.--The department, the board or any court
8 which may hear any proceedings brought under this part shall
9 have the power to impose penalties as provided in this
10 subchapter for violations of this part or the rules and
11 regulations of the department.
12 (b) Amount of penalty.--Employers and insurers may be
13 penalized a sum not exceeding 10% of the amount awarded and
14 interest accrued and payable. However, this penalty may be
15 increased to 20% in cases of unreasonable or excessive delays.
16 (c) Payment of penalty.--Penalties shall be payable to the
17 same person to whom the compensation is payable.
18 (d) Penalty or interest not considered compensation for
19 certain purposes.--Any penalty or interest provided for in this
20 part shall not be considered as compensation for the purposes of
21 any limitation on the total amount of compensation payable.
22 (e) Forfeiture of interest for delay.--A claimant shall
23 forfeit any interest that would normally be payable to him with
24 respect to any period of unexcused delay which he has caused.
25 § 2122. Noncompliance hearings.
26 If it appears that there has not been compliance with this
27 part or the rules and regulations of the department, the
28 department may, on its own motion, give notice to any person
29 involved in the apparent noncompliance and schedule a hearing
30 for the purpose of determining whether there has been
19850H1852B2415 - 112 -
1 compliance. The notice of hearing shall contain a statement of
2 the matter to be considered.
3 § 2123. Revocation or suspension of license to insure.
4 If an insurer licensed to transact the business of workers'
5 compensation insurance in this Commonwealth repeatedly or
6 unreasonably fails to pay promptly compensation for which it is
7 liable or fails or refuses to submit any report or to pay any
8 assessment made under this part, the department may recommend to
9 the Insurance Department that the license of the company to
10 transact that business be revoked or suspended, setting forth in
11 detail the reasons for its recommendation. The Insurance
12 Department shall thereupon furnish a copy of the report of the
13 Department of Labor and Industry to the insurer and shall set a
14 date for public hearing at which both the insurer and the
15 department shall be afforded an opportunity to present evidence.
16 If, after the hearing, the Insurance Department is satisfied
17 that the insurer has failed to live up to his obligations under
18 this part, it shall promptly suspend or revoke its license.
19 § 2124. Suspension or revocation of privilege to self-insure.
20 If an employer who is subject to this part as an approved
21 self-insurer repeatedly or unreasonably fails to pay promptly
22 compensation for which it is liable or fails or refuses to
23 submit any report or to pay any assessment made under this part,
24 the department may revoke or suspend the privilege granted to
25 the employer to carry its own risk and require it to insure its
26 liability. The department shall not take action against an
27 employer until the employer has been notified in writing of the
28 charges made against it and has been given an opportunity to be
29 heard before the department in answer to the charges.
30 § 2125. Conduct of adjustment business.
19850H1852B2415 - 113 -
1 (a) Registration.--Any person, not an insurer or self-
2 insurer, engaged in the business of adjusting or servicing
3 injury cases for the payment of compensation under this part
4 shall register with the department as a condition of conducting
5 such business and shall furnish reports of its activities as may
6 be required by rules and regulations of the department.
7 (b) Suspension or revocation of privilege to conduct
8 business.--If a person engaged in the business described in
9 subsection (a) repeatedly or unreasonably fails to provide those
10 services promptly with the result that compensation is not paid
11 promptly, the department may suspend or revoke the privilege of
12 conducting that business. The department shall not take this
13 action against any person until he has been notified in writing
14 of the charges made against him by the department and has been
15 given an opportunity to be heard before the department in answer
16 to the charges. Proceedings for revocation of the privilege of
17 conducting a service or adjustment business shall not relieve
18 any insurer or self-insurer who has engaged the services of that
19 person from its responsibility under this part or from its
20 liability to suspension or revocation under this section.
21 SUBCHAPTER C
22 RECORDS AND REPORTS
23 Sec.
24 2141. Reports of injuries.
25 2142. Records of injuries.
26 2143. Annual reports of compensation paid.
27 § 2141. Reports of injuries.
28 (a) Short title of section.--This section shall be known and
29 may be cited as the Accident Reporting Law.
30 (b) Reports to insurer.--An employer shall report all
19850H1852B2415 - 114 -
1 injuries received by employees, in the course of or resulting
2 from their employment, immediately to the employer's insurer. If
3 the employer is self-insured, injuries shall be reported to the
4 person responsible for management of the employer's compensation
5 program.
6 (c) Reports to department.--An employer shall report
7 injuries to the department by filing directly with the
8 department, on the form it prescribes, a report of injury within
9 48 hours of an injury resulting in death and within three days
10 after the date of injury for all other injuries except those
11 resulting in disability continuing less than the day, shift or
12 turn in which the injury was received. A copy of this report to
13 the department shall be mailed to the employer's insurer
14 forthwith.
15 (d) Reports not evidence.--Reports of injuries filed with
16 the department under this section shall not be evidence against
17 the employer or the employer's insurer in any proceeding either
18 under this part or otherwise. These reports may be made
19 available by the department to other State or Federal agencies
20 for study or informational purposes.
21 (e) Penalty.--Any employer having knowledge of personal
22 injury or death of an employee, in the course of or resulting
23 from his employment, and who fails to make the report required
24 by subsection (b), commits a summary offense and shall pay a
25 fine not to exceed $100 or be imprisoned for a period not to
26 exceed 30 days, or both.
27 § 2142. Records of injuries.
28 Any employer shall keep a record of each injury to any of his
29 employees as reported to him or of which he otherwise has
30 knowledge. This record shall include a description of the
19850H1852B2415 - 115 -
1 injury, a statement of any period of time during which the
2 injured person was unable to work because of the injury and a
3 description of the manner in which the injury occurred. These
4 records shall be available for inspection by the department or
5 by any governmental agency at reasonable times.
6 § 2143. Annual reports of compensation paid.
7 Annual reports of compensation paid by insurers, self-
8 insurers and the State fund shall be made on a calendar year
9 basis to the department not later than April 15 of the following
10 year. An insurer may file the annual report required by this
11 section in substantially the same form as its annual report to
12 the Insurance Department.
13 SUBCHAPTER D
14 JUDGMENTS AND LIENS
15 Sec.
16 2161. Entry of judgment upon default.
17 2162. Entry of judgment on agreement or petition.
18 2163. Disallowance of agreement or petition.
19 2164. Award of different amount.
20 2165. Modification of agreement or award.
21 2166. Execution.
22 2167. Satisfaction of judgment.
23 2168. Costs of prothonotary.
24 2169. Entry of judgment following judicial review.
25 2170. Lien not divested by appeal.
26 § 2161. Entry of judgment upon default.
27 Whenever an employer is in default in compensation payments
28 for 30 days or more, the employee or dependents entitled to
29 compensation may file a certified copy of the agreement and the
30 order of the department approving the agreement or of the award
19850H1852B2415 - 116 -
1 or order with the prothonotary of any county. The prothonotary
2 shall enter the entire balance payable under the agreement,
3 award or order to be payable to the employee or his dependent as
4 a judgment against the employer or insurer liable under the
5 agreement or award. Where the compensation payable is for a
6 total and permanent disability, the judgment shall be in the
7 amount of $30,000 less the amount the employer has actually paid
8 under the agreement or award. The judgment shall be a lien
9 against property of the employer or insurer liable under the
10 agreement or award and execution may issue immediately.
11 § 2162. Entry of judgment on agreement or petition.
12 Whenever an employee or his dependent enters into a
13 compensation agreement with an employer who has not complied
14 with section 1503 (relating to insurance and exemption) or files
15 a claim petition against the employer, the employee or his
16 dependent may file a certified copy thereof with the
17 prothonotary of any county. The prothonotary shall enter the
18 amount stated in the agreement or claimed in the claim petition
19 as a judgment against the employer. Where the amount stated or
20 claimed is for total and permanent disability, the judgment
21 shall be in the amount of $30,000. If the agreement is approved
22 by the department or compensation is awarded as claimed in the
23 petition, the amount of compensation stated in the agreement or
24 claimed in the petition shall be a lien as of the date when the
25 agreement or petition was filed with the prothonotary. Pending
26 the approval of the agreement or the award of compensation, no
27 other lien which may be attached to the employer's property
28 during that time shall gain priority over the lien of that
29 agreement or award, but no execution shall issue on any
30 compensation judgment before the approval of the agreement or
19850H1852B2415 - 117 -
1 the award of compensation on the petition.
2 § 2163. Disallowance of agreement or petition.
3 If the agreement is disapproved or, after hearing,
4 compensation is disallowed, the employer may file with the
5 prothonotary of any county in which the petition or agreement is
6 on record as a judgment, a certified copy of the disapproval of
7 the agreement or disallowance of compensation, and the
8 prothonotary shall to strike off the judgment.
9 § 2164. Award of different amount.
10 If the amount of compensation claimed is disallowed but
11 another amount is awarded, the compensation judgment shall be a
12 lien to the extent of the award as of the date of filing the
13 petition with the prothonotary with the same effect as to other
14 liens but execution may issue thereon only to the extent of the
15 amount awarded. In this case the prothonotary shall make such
16 modification of the record as is appropriate.
17 § 2165. Modification of agreement or award.
18 If the compensation payable under an agreement or award upon
19 which judgment has been entered under the this subchapter is
20 modified, suspended, reinstated or terminated by a supplemental
21 agreement executed under section 1909 (relating to modification
22 by agreement) or by an award or order made under section 1938
23 (relating to modification of agreement or notice), any party to
24 the judgment, at any time after the agreement has been approved
25 by the department or after the expiration of the time allowed
26 for an appeal from the award or order, may file with the
27 prothonotary of any county in which the judgment is on record a
28 certified copy of the supplemental agreement, award or order and
29 the prothonotary shall modify, suspend, reinstate or satisfy the
30 judgment in accordance with the supplemental agreement, award or
19850H1852B2415 - 118 -
1 order.
2 § 2166. Execution.
3 (a) Issuance.--Execution may issue by first filing with the
4 prothonotary an affidavit that there has been a default in
5 payments of compensation due on any judgment for compensation,
6 entered prior to the approval of the compensation agreement or
7 an award on petition, as soon as the agreement is approved by
8 the department or an award has been made by the board, as
9 evidenced by a certified copy of the agreement or award attached
10 to the affidavit.
11 (b) Amount.--Execution shall in all cases be for the amount
12 of compensation and interest thereon due and payable up to the
13 date of the issuance of the execution, with costs, and further
14 execution may issue from time to time as further compensation
15 becomes due and payable until the full amount of the judgment,
16 with costs, is paid.
17 § 2167. Satisfaction of judgment.
18 If a party, against whom a compensation agreement, award or
19 other order fixing the compensation payable under this part has
20 been filed of record in any county of this Commonwealth or
21 against whom judgment has been entered by the prothonotary of
22 any county on any award or order of the board or a referee, at
23 any time presents to the department receipts or copies thereof,
24 certified by any referee, showing the payment of compensation as
25 required by the agreement or award in full to the date of
26 presentation to the referee, the department shall issue a
27 certificate to that party, in the form prescribed, stating the
28 extent to which the judgment on the agreement or award has been
29 reduced. Upon the presentation of the certificate to the
30 prothonotary, the prothonotary shall mark the judgment satisfied
19850H1852B2415 - 119 -
1 to the extent of the payments certified, and, upon the
2 presentation to the prothonotary of a certificate issued by the
3 board under section 1764 (relating to trusts), the prothonotary
4 shall mark the judgment fully satisfied.
5 § 2168. Costs of prothonotary.
6 The cost of the prothonotary for entering the amount of
7 compensation as provided in this part, making a modification of
8 the record or marking the judgment satisfied shall be allowed,
9 taxed and collected as upon a confession of judgment on a
10 judgment note.
11 § 2169. Entry of judgment following judicial review.
12 A certified copy of an award or order of the board or of a
13 referee and sustained by the board, as affirmed or modified upon
14 judicial review, may be filed with the office of the clerk of
15 the court of common pleas of any county, and the proper officer
16 shall enter judgment for the total amount stated by the award or
17 order to be payable, whether then due and accrued or payable in
18 future installments.
19 § 2170. Lien not divested by appeal.
20 The lien of a judgment entered upon any award shall not be
21 divested by an appeal.
22 PART III
23 INSURANCE PROVISIONS
24 Chapter
25 41. State Workers' Insurance Fund
26 43. Workers' Compensation Security Fund
27 CHAPTER 41
28 STATE WORKERS' INSURANCE FUND
29 Subchapter
30 A. Preliminary Provisions.
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1 B. State Workers' Insurance Board.
2 C. State Workers' Insurance Fund
3 SUBCHAPTER A
4 PRELIMINARY PROVISIONS
5 Sec.
6 4101. Short title of chapter.
7 4102. Definitions.
8 § 4101. Short title of chapter.
9 This chapter shall be known and may be cited as the State
10 Workers' Insurance Fund Law.
11 § 4102. Definitions.
12 The following words and phrases when used in this chapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Board." The State Workers' Insurance Board.
16 "Fund" or "State fund." The State Workers' Insurance Fund.
17 "Subscriber." An employer insured by the fund.
18 SUBCHAPTER B
19 STATE WORKERS' INSURANCE BOARD
20 Sec.
21 4121. State Workers' Insurance Board.
22 4122. Powers and duties.
23 4123. Information not public.
24 § 4121. State Workers' Insurance Board.
25 (a) Composition.--The State Workers' Insurance Board shall
26 consist of the Secretary of Labor and Industry, who shall be the
27 chairman thereof, the Insurance Commissioner and the State
28 Treasurer.
29 (b) Status of employees.--Persons employed by the board
30 shall be deemed to be Commonwealth employees for all purposes.
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1 § 4122. Powers and duties.
2 (a) Inspections and audits.--The board may inspect the work
3 areas and all other property or premises of any subscriber to
4 the fund and may examine from time to time the books, records
5 and payrolls of any subscriber or intending subscriber, for the
6 purpose of determining the amount of the premium payable. The
7 board may appoint those inspectors and auditors as may be
8 necessary to carry out this subsection, or may, with the consent
9 of the department and the Insurance Department, cause an
10 inspection and examination to be made by the inspectors of the
11 department and the auditors of the Insurance Department, and
12 these inspectors and auditors shall have access to all premises,
13 books, records and payrolls during regular working and office
14 hours.
15 (b) Rules for prevention of injuries.-- The board shall make
16 reasonable rules and regulations for the prevention of injuries
17 upon the premises of subscribers and may refuse to insure or may
18 terminate the insurance of any subscriber who refuses to permit
19 an inspection authorized under subsection (a) or who disregards
20 the rules or regulations promulgated under this subsection. In
21 such cases, the subscriber may be ordered to forfeit 50% of the
22 unearned premiums previously paid by him.
23 (c) Medical services.--The board may make all contracts
24 necessary for supplying medical, hospital and surgical services,
25 as provided in Subchapter C of Chapter 17 (relating to medical
26 services and procedure).
27 (d) Reinsurance.--The board may reinsure any risk or join
28 any insurance pool which it deems necessary.
29 § 4123. Information not public.
30 Information acquired by the board, or the officers and
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1 employees of the fund, from employers, employees or insurance
2 corporations or associations shall not be open to public
3 inspection.
4 SUBCHAPTER C
5 STATE WORKERS' INSURANCE FUND
6 Sec.
7 4141. Purpose and administration of fund.
8 4142. Duties of State Treasurer.
9 4143. Audit by Auditor General.
10 4144. Audit by Insurance Commissioner.
11 4145. Premiums.
12 4146. Determination of premium rates.
13 4147. List of subscribers.
14 4148. Risk classification.
15 4149. Maintenance of surplus.
16 4150. Reserves.
17 4151. Use of fund moneys.
18 4152. Application.
19 4153. Payment of premiums.
20 4154. Termination.
21 4155. Reports of injuries.
22 4156. Penalties.
23 § 4141. Purpose and administration of fund.
24 (a) Purposes.--The purposes of the State Workers' Insurance
25 Fund are to:
26 (1) Insure its subscribers against liability under Part
27 II (relating to workers' compensation) and assure the payment
28 of compensation provided for therein.
29 (2) Insure its subscribers against liability under the
30 Federal Coal Mine Health and Safety Act of 1969 (Public Law
19850H1852B2415 - 123 -
1 91-173) and assure the payment of compensation provided for
2 therein.
3 (3) Insure its subscribers against liability to any
4 employee for damages for bodily injury or death by accident
5 or disease, sustained by the employee arising out of and in
6 the course of his employment.
7 (b) Administration.--The fund shall be administered by the
8 board. The Commonwealth shall not be liable for any obligation
9 of the fund.
10 § 4142. Duties of State Treasurer.
11 The State Treasurer shall be the custodian of the fund and
12 all disbursements therefrom shall be paid by him by check upon
13 requisition of the department. It shall not be necessary for the
14 State Treasurer to audit the accounts which the requisition of
15 the department calls upon him to pay, and for making payments
16 according to the requisition of the department without audit,
17 the State Treasurer shall not be under any liability whatsoever.
18 The State Treasurer may deposit any portion of the fund not
19 needed for immediate use as other State funds are lawfully
20 deposited, and the interest thereon shall be credited to the
21 fund.
22 § 4143. Audit by Auditor General.
23 (a) General rule.--The Auditor General shall, during each
24 calendar year, make a complete examination and audit of the
25 fund, including all receipts and expenditures, cash on hand and
26 securities, investments or property held representing cash or
27 cash disbursements. The Auditor General may employ those
28 consultants, experts, accountants or investigators as he may
29 deem advisable to conduct this audit.
30 (b) Access to books and records.--
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1 (1) The officers and employees of the board shall submit
2 to the Auditor General or his agents for inspection and
3 examination all reports, vouchers, checks, receipts, books
4 and records, as well as any cash or securities or property,
5 representing cash or cash disbursements, in their possession.
6 (2) Any officer or employee who violates this subsection
7 commits a summary offense and shall, upon conviction, be
8 sentenced to pay a fine of $5,000 and shall be disqualified
9 from holding office or employment with the fund.
10 (c) Expenses.--The expense of this audit, as certified by
11 the Auditor General, shall be borne by the fund.
12 § 4144. Audit by Insurance Commissioner.
13 (a) General rule.--The Insurance Commissioner shall, every
14 three years or more often if deemed necessary, personally or by
15 his deputy, actuary or examiners, make a complete inspection and
16 examination of the affairs of the fund to ascertain its
17 financial condition and its ability to fulfill its obligations,
18 whether the board in managing the fund has complied with the
19 provisions of law relating to the fund, and any other facts
20 relating to its business methods and management, and the equity
21 of the board's plans and dealings with its policyholders.
22 (b) Access to books and records.--For the purpose of
23 inspection and examination, the Insurance Commissioner, his
24 deputy or his examiners, shall have free access to all the
25 books, records and papers pertaining to the fund, and all
26 persons charged with the management of the fund or connected
27 therewith as employees shall give to the Insurance Commissioner,
28 his deputy or officers, the means, facilities and opportunity
29 for this examination and audit.
30 (c) Expenses.--The expense of this audit, as certified by
19850H1852B2415 - 125 -
1 the Insurance Department, shall be borne by the fund.
2 § 4145. Premiums.
3 On or before October 1 of each year, the board shall prepare
4 and publish a schedule of premiums or rates of insurance for
5 employers who must maintain insurance under Part II (relating to
6 workers' compensation), employers who want insurance against
7 liability under the Federal Coal Mine Health and Safety Act of
8 1969 (Public Law 91-173) and employers who want insurance
9 against liability for damages because of bodily injury or death
10 by accident or disease sustained by an employee arising out of
11 and in the course of employment. This schedule shall be printed
12 and distributed free of charge to those employers who make
13 application therefor and any employer may pay to the fund the
14 amount of the premium appropriate to his business or domestic
15 affairs and shall thereafter be considered a subscriber to the
16 fund. This insurance shall cover all payments becoming due in
17 any year because of injuries occurring during the year for which
18 the premium is paid.
19 § 4146. Determination of premium rates.
20 The board shall determine the amount of premiums which the
21 subscribers to the fund shall pay and shall fix the premiums for
22 insurance in accordance with the nature of their business and of
23 the various employments of their employees and the probable risk
24 of injury. Premiums shall be set at an amount adequate to pay
25 all sums which may become due and payable to the employees of
26 subscribers for work-related injury and disease, to create and
27 maintain the surplus as provided in section 4149 (relating to
28 maintenance of surplus) and to provide an adequate reserve
29 sufficient to carry all policies and claims to maturity. In
30 fixing the premiums payable by any subscriber, the board may
19850H1852B2415 - 126 -
1 take into account the condition of the work areas and all other
2 property or premises of the subscriber, in respect to the safety
3 of employees, as shown by the report of any inspector appointed
4 by the board or by the department. The board may, from time to
5 time, change the amount of premiums payable by any subscriber,
6 as circumstances may require in relation to the condition of the
7 work areas and other property or premises of the subscriber. The
8 board may increase the premiums of any subscriber neglecting to
9 provide safety devices required by law or disobeying the rules
10 or regulations made by the board under section 4122 (relating to
11 powers and duties). The insurance of any subscriber shall not be
12 effective until the premium is paid in full.
13 § 4147. List of subscribers.
14 The board shall file with the department a notice setting
15 forth the names and places of business of those employers who
16 are subscribers to the fund.
17 § 4148. Risk classification.
18 The board shall divide the subscribers into groups, in
19 accordance with the nature of the business and the probable risk
20 of injury, and shall fix all premiums for each group in
21 accordance with the experience thereof. Where the employees in
22 any business are engaged in various employments in which the
23 risk of injury is substantially different, the board may
24 subdivide the employments into classes and shall fix the premium
25 for each class in accordance with the probable risk of injury
26 for each class.
27 § 4149. Maintenance of surplus.
28 The board shall set aside a percentage of all premiums
29 collected, not exceeding 5%, as the board deems necessary, to
30 maintain a surplus sufficiently large to cover the catastrophe
19850H1852B2415 - 127 -
1 hazard of all the subscribers to the fund and to guarantee the
2 solvency of the fund.
3 § 4150. Reserves.
4 The board may invest any of the surplus or reserve belonging
5 to the fund in those securities and investments authorized for
6 investment by savings banks. The State Treasurer shall be the
7 custodian of all securities and investments and shall collect
8 the principal and interest when due and pay the same into the
9 fund. The State Treasurer shall pay for all securities and
10 investments by check issued upon requisition of the department.
11 All payments shall be made only upon delivery of the securities
12 or investments to the State Treasurer. To all requisitions
13 calling upon the State Treasurer to pay for any securities or
14 investments, there shall be attached a certified copy of the
15 resolution of the board authorizing the investment. The board
16 may, upon like resolution, sell any security.
17 § 4151. Use of fund moneys.
18 (a) Expenses.--All administrative expenses, including the
19 wages and salaries of employees, shall be borne by the fund.
20 (b) Payments to other agencies.--The fund shall also bear
21 the following costs for services furnished by the following
22 agencies:
23 (1) The Department of the Auditor General for the costs
24 incurred in examining and auditing the fund, in the amount as
25 that department shall determine.
26 (2) The Insurance Department for the costs incurred in
27 examining and auditing the fund, in the amount as that
28 department shall determine.
29 (3) The Treasury Department for the costs incurred for
30 making disbursements from the fund, in the amount as that
19850H1852B2415 - 128 -
1 department, with the approval of the Executive Board, shall
2 determine.
3 (4) The Department of General Services for the costs
4 incurred for physical plant and utility services used by the
5 fund, in the amount as that department, with the approval of
6 the Executive Board, shall determine.
7 (c) Accounts, balances and disbursements.--The board shall
8 keep an accurate account of the money paid in premiums by
9 subscribers and disbursements on account of injuries to
10 employees and on account of administering the fund. If at the
11 expiration of any year a balance remains after deducting
12 disbursements, the unearned premiums on undetermined risks and
13 the percentage of premiums paid or payable to maintain the
14 surplus provided in section 4149 (relating to maintenance of
15 surplus) and, after setting aside an adequate reserve, so much
16 of the balance as the board may determine to be safely
17 distributable shall be distributed among the subscribers. This
18 distribution shall be in proportion to the premiums paid by
19 subscribers: the proportionate share of subscribers which remain
20 subscribers to the fund shall be credited to the installment of
21 premiums next due by them and the proportionate share of
22 subscribers that have ceased to be subscribers in the fund shall
23 be refunded.
24 (d) Audit.--Disbursements for salaries and expenses incurred
25 in the administration of the fund shall be made only after
26 submission to the Auditor General for approval and audit in the
27 manner provided by law for the examination, audit and approval
28 of public accounts originating in or through any Commonwealth
29 agency.
30 § 4152. Application.
19850H1852B2415 - 129 -
1 (a) Content.--Any employer wishing to subscribe to the fund
2 shall submit an application to the board stating:
3 (1) The nature of the business or domestic affairs in
4 which insurance is desired.
5 (2) The average number of employees expected to be
6 employed in the business during the year for which insurance
7 is sought and the average number of employees, if any,
8 engaged in the business during the year previous to the
9 application.
10 (3) The approximate amount of wages expected to be paid
11 during the year for which insurance is sought and the amount
12 of wages paid to employees during the preceding year.
13 (4) The place where the business is transacted.
14 (5) The place where the employer's payroll and books of
15 accounts are kept and where the employees are customarily
16 paid.
17 (6) When the employments are subdivided into classes, as
18 provided in section 4148 (relating to risk classification),
19 the number of employees of each class expected to be employed
20 or previously employed and the approximate amount of wages
21 expected to be paid and previously paid to employees of each
22 class for which insurance is sought.
23 (7) Such other facts and information as the board
24 requires.
25 (b) Action by board.--The board shall make such
26 investigation as deemed necessary and within 30 days after the
27 application shall issue a certificate showing the classification
28 or group in which the applicant is entitled to be placed and the
29 amount of premium payable by the applicant. No insurance shall
30 be issued for a period longer than one year.
19850H1852B2415 - 130 -
1 § 4153. Payment of premiums.
2 All premiums shall be payable to the State Treasurer, who
3 shall issue an appropriate receipt. This receipt, together with
4 the certificate of the board specified in section 4152(b)
5 (relating to application), shall be the evidence that the
6 applicant is insured by the fund.
7 § 4154. Termination.
8 (a) Employment and payroll information.--Each subscriber to
9 the fund shall, within one month after its subscription has
10 terminated, furnish a written statement to the board, setting
11 forth the maximum average and minimum number of employees
12 insured in the fund that the subscriber had employed during the
13 preceding year and the actual amount of the payroll for that
14 year. When the board has subdivided the employments into
15 classes, the statement shall indicate the number and amounts of
16 payroll for employees in each class.
17 (b) Refund of excess.--The board shall, within 30 days,
18 state the account of the subscriber for that year, based on the
19 facts shown, and shall render a copy of the statement to the
20 subscriber. If the amount of the premium paid by the subscriber
21 exceeds the amount due according to the stated account, the
22 excess shall be forthwith refunded to the subscriber. If the
23 amount shown by the statement exceeds the amount of the premium
24 paid by the subscriber, the excess shall be forthwith due and
25 payable by the subscriber to the fund and, until paid shall be a
26 lien, as State taxes are a lien, upon the real and personal
27 property of the subscriber and, if unpaid, shall be collectible
28 as State taxes are now collectible, with interest at the rate of
29 12% per year, commencing 30 days after service of the copy of
30 the account, which shall be made by certified mail.
19850H1852B2415 - 131 -
1 § 4155. Reports of injuries.
2 (a) In relation to State law.--The fund shall be liable for
3 the payment of compensation under Part II (relating to workers'
4 compensation) if, within seven days of receiving notice of an
5 injury under section 1512 (relating to notice), a subscriber
6 notifies the fund of the injury. A report submitted within seven
7 days of the injury under section 2141 (relating to reports of
8 injuries) shall satisfy the requirement of this section.
9 (b) In relation to Federal law and civil actions.--
10 (1) The fund shall be liable for the payment of
11 compensation under the Federal Coal Mine Health and Safety
12 Act of 1969 (Public Law 91-173) if, within seven days of
13 knowledge of an injury, a subscriber gives notice to the
14 fund.
15 (2) Any subscriber who, within seven days after
16 knowledge of an injury to an employee arising out of and in
17 the course of employment, has notified the board of the
18 injury, shall be discharged from all liability to any
19 employee for damages resulting from bodily injury or disease,
20 including death at any time resulting therefrom, sustained by
21 the employee arising out of and in the course of his
22 employment.
23 (c) Medical services.--Nothing in this section shall
24 discharge any employer from the duty of supplying the medical
25 and surgical services, medicine and supplies required by
26 Subchapter C of Chapter 17 (relating to medical services and
27 procedures). Any subscriber who has supplied these services
28 shall be reimbursed therefor from the fund.
29 § 4156. Penalties.
30 (a) False statements.--Any person who knowingly makes any
19850H1852B2415 - 132 -
1 false certificate, application or statement required under this
2 chapter commits a misdemeanor of the third degree.
3 (b) Employment and payroll information.--Any subscriber who,
4 after notice from the board, neglects or refuses to file the
5 statement required under section 4154(a) (relating to
6 termination) shall be liable to the fund for a civil penalty of
7 $10 per day for each day of such neglect or refusal. The fund
8 may institute an action at law to recover this penalty.
9 CHAPTER 43
10 WORKERS' COMPENSATION SECURITY FUND
11 Sec.
12 4301. Short title of chapter.
13 4302. Definitions.
14 4303. Workers' Compensation Security Fund.
15 4304. Premium returns.
16 4305. Contributions.
17 4306. Enforcement.
18 4307. Payment of claims and recovery against insolvent
19 insurers.
20 4308. Notice of insolvency.
21 4309. Investigation and defense of claims.
22 4310. Allowance of contributions as expenses.
23 § 4301. Short title of chapter.
24 This chapter shall be known and may be cited as the Workers'
25 Compensation Security Fund Act.
26 § 4302. Definitions.
27 The following words and phrases when used in this chapter
28 shall have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Carrier." A stock company, mutual company or reciprocal
19850H1852B2415 - 133 -
1 exchange or the State Workers' Insurance Fund.
2 "Commissioner." The Insurance Commissioner.
3 "Fund." The Workers' Compensation Security Fund.
4 "Fund year." The calendar year.
5 "Insolvent stock company," "insolvent mutual carrier" or
6 "insolvent reciprocal exchange." A stock company, mutual
7 company or reciprocal exchange or the State Workers' Insurance
8 Fund which has been determined to be insolvent, or for which, or
9 for the assets of which, a receiver or liquidator, howsoever
10 entitled, has been appointed by a court or public officer of
11 competent jurisdiction and authority.
12 "Mutual carrier." A corporation or association organized and
13 operating on the mutual plan, including the State Workers'
14 Insurance Fund, authorized to transact the business of workers'
15 compensation insurance in this Commonwealth, except an insolvent
16 mutual carrier.
17 "Net written premiums." Gross written premiums, less return
18 premiums on policies returned, not taken and on policies
19 canceled.
20 "Reciprocal exchange." An association or group of persons
21 exchanging contracts of insurance or indemnity on the reciprocal
22 or inter-insurance plan, authorized to transact the business of
23 workers' compensation insurance in this Commonwealth, except an
24 insolvent reciprocal exchange.
25 "Stock company." A stock corporation authorized to transact
26 the business of workers' compensation insurance in this
27 Commonwealth, except an insolvent stock company.
28 "Workers' compensation laws." Part II (relating to workers'
29 compensation), and the former provisions of the act of June 2,
30 1915 (P.L.736, No.338), known as The Pennsylvania Workmen's
19850H1852B2415 - 134 -
1 Compensation Act, and the act of June 3, 1939 (P.L.566, No.284),
2 known as The Pennsylvania Occupational Disease Act.
3 § 4303. Workers' Compensation Security Fund.
4 (a) General rule.--There shall be a special fund in the
5 State Treasury known as the Workers' Compensation Security Fund.
6 The purpose of the fund is to assure the payment of compensation
7 provided by the workers' compensation laws for employments
8 insured in insolvent stock companies, insolvent mutual carriers
9 or insolvent reciprocal exchanges or the State Workers'
10 Insurance Fund. The fund shall be applicable to the payment of
11 valid claims for compensation made under the workers'
12 compensation laws and remaining unpaid, in whole or in part, by
13 reason of the default of an insolvent stock company, insolvent
14 mutual carrier or insolvent reciprocal exchange or the insolvent
15 State Workers' Insurance Fund.
16 (b) Composition.--The fund shall consist of all
17 contributions received and paid into the fund by stock
18 companies, mutual carriers and reciprocal exchanges, all
19 property and securities acquired by and through the use of
20 moneys belonging to the fund and all interest earned upon moneys
21 deposited or invested.
22 (c) Custodian.--The State Treasurer shall be the custodian
23 of the fund and all disbursements from the fund shall be made by
24 the State Treasurer upon vouchers signed by the commissioner.
25 (d) Investments.--The moneys of the fund may be invested by
26 the State Treasurer and commissioner only in bonds and
27 securities which are the direct obligations of, or which are
28 guaranteed as to principal and interest by, the United States or
29 the Commonwealth. The State Treasurer and commissioner may sell
30 any of the securities in which the fund is invested, if
19850H1852B2415 - 135 -
1 advisable for its proper administration or in the best interest
2 of the fund, and all earnings from these investments shall be
3 credited to the fund.
4 (e) Refunds.--If at any time any contributing carrier, upon
5 due notice to the commissioner, ceases to transact the business
6 of workers' compensation insurance, the contributions of the
7 carrier, at the time it ceases to transact business, shall be
8 refunded, provided that all its outstanding liability for
9 workers' compensation insurance has terminated.
10 (f) Administrative expenses.--The expenses of administering
11 the fund shall be paid out of the fund. The commissioner shall
12 serve as administrator of the fund without additional
13 remuneration, but may be allowed and paid, from the fund,
14 expenses incurred in the performance of his duties in connection
15 with the fund. The compensation of persons employed by the
16 commissioner, for the purposes of this chapter, in connection
17 with the fund shall be deemed administrative expenses payable
18 out of the fund. The commissioner shall include in his regular
19 report to the Governor a statement of the expenses of
20 administering the fund during the report period.
21 § 4304. Premium returns.
22 Every stock company, mutual carrier and reciprocal exchange
23 shall, on or before September 1 of each year, file with the
24 State Treasurer and with the commissioner, identical returns
25 under oath, on a form prescribed and furnished by the
26 commissioner, stating the amount of net written premiums for the
27 year's period ending June 30 of that year on policies issued,
28 renewed or extended by the stock company, mutual carrier or
29 reciprocal exchange to insure payment of compensation pursuant
30 to the workers' compensation laws.
19850H1852B2415 - 136 -
1 § 4305. Contributions.
2 (a) Annual payment.--For the privilege of carrying on the
3 business of workers' compensation insurance in this
4 Commonwealth, every stock company, mutual carrier and reciprocal
5 exchange shall pay into the fund on September 1 of each year a
6 sum equal to that percent of its net written premiums as
7 provided for in section 612-A(8) of the act of April 9, 1929
8 (P.L.177, No.175), known as The Administrative Code of 1929.
9 (b) Maximum aggregate amount.--When the aggregate amount of
10 all payments into the fund, together with accumulated interest,
11 less all its expenditures and known liabilities, becomes equal
12 to 5% of the loss reserves of all stock companies, mutual
13 carriers and reciprocal exchanges for the payment of benefits
14 under the workers' compensation laws as of the preceding June
15 30, no further contribution to the fund shall be required to be
16 made. Whenever thereafter the amount of the fund is reduced
17 below 5% of loss reserves as of June 30, by reason of payments
18 from and known liabilities of the fund or by reason of an
19 increase of the loss reserves of all stock companies, mutual
20 carriers and reciprocal exchanges, then the contribution to the
21 fund shall be resumed from the date prescribed by the
22 commissioner and shall continue until the fund, over and above
23 its known liabilities, becomes equal to 5% of loss reserves.
24 (c) Other security not required.--Other than the obligation
25 to contribute to the fund as provided in this section, no
26 deposit, bond or other security shall be required of any carrier
27 as a condition to authorization to transact the business of
28 workers' compensation insurance in this Commonwealth.
29 § 4306. Enforcement.
30 (a) Rules and regulations.--The commissioner may, in the
19850H1852B2415 - 137 -
1 manner provided by law, promulgate the rules and regulations
2 necessary for the proper administration of the fund.
3 (b) Investigative powers.--In the event any carrier fails to
4 file any return, or make any payment required by this chapter,
5 or in case the commissioner has cause to believe that any return
6 or other statement filed is false or inaccurate in any
7 particular, or that any payment made is incorrect, he shall have
8 full authority to examine all the books and records of the
9 carrier for the purpose of ascertaining the facts, and shall
10 determine the correct amount to be paid, and may proceed in any
11 court of competent jurisdiction to recover for the benefit of
12 the fund any sums shown to be due upon this examination.
13 (c) Penalty.--Any carrier which fails to make any statement
14 as required by this chapter, or to pay any contribution when
15 due, shall forfeit to the fund a penalty of 5% of the amount of
16 unpaid contribution determined to be due, plus 1% of that amount
17 for each month of delay or fraction thereof after the expiration
18 of the first month of the delay. The commissioner shall revoke
19 the certificate of authority to do business in this Commonwealth
20 of any carrier which fails to comply with this chapter or to pay
21 any penalty imposed under this section.
22 § 4307. Payment of claims and recovery against insolvent
23 insurers.
24 (a) Claims procedure.--A valid claim for compensation made
25 pursuant to the workers' compensation laws, which remains due
26 and unpaid for 60 days by reason of default by an insolvent
27 carrier, shall be paid from the fund. Any person in interest may
28 file with the commissioner an application for payment of
29 compensation from the fund on a form prescribed and furnished by
30 the commissioner. A certified copy of the award must accompany
19850H1852B2415 - 138 -
1 the application. The commissioner shall thereupon certify to the
2 State Treasurer this award for payment according to the terms of
3 the award, whereupon payment shall be made by the State
4 Treasurer on requisition of the commissioner.
5 (b) No right of recovery against employer.--Payment of an
6 award from the fund shall not give the commissioner any right of
7 recovery against the employer.
8 (c) Effect of employer payment.--An employer may pay an
9 award or a part thereof in advance of payment from the fund and
10 shall thereupon be subrogated to the rights of the employee or
11 other party in interest against the fund to the extent of the
12 amount paid.
13 (d) Recovery.--The commissioner shall be entitled to recover
14 the sum of all liabilities of the insolvent carrier assumed by
15 the fund from the carrier, its receiver, liquidator,
16 rehabilitator, conservator or trustee in bankruptcy and all
17 others, except employers, liable under any of the terms of the
18 workers' compensation laws and may prosecute an action or other
19 proceeding therefor. All moneys, recovered in any such action or
20 proceeding, shall forthwith be credited to the fund by the State
21 Treasurer, for the reimbursement thereof, to the extent of the
22 moneys recovered and paid. If and when all liabilities of all
23 carriers for workers' compensation losses in this Commonwealth
24 have been fully liquidated, distribution shall be made to all
25 contributing carriers of the remaining balance of the fund. An
26 insolvent carrier shall be entitled to share in the distribution
27 of the fund only to the extent that its distributive share of
28 the fund is in excess of any losses paid out of the fund for its
29 account by the treasurer, in accordance with this chapter.
30 § 4308. Notice of insolvency.
19850H1852B2415 - 139 -
1 Upon any carrier becoming insolvent, the commissioner shall
2 so notify the department, which shall immediately advise the
3 commissioner of the following:
4 (1) The identify and amount of all claims for
5 compensation pending or thereafter made against every
6 employer insured by the insolvent carrier or against the
7 insolvent carrier.
8 (2) The identify of all unpaid or continuing awards made
9 upon claims for compensation prior to or after the date of
10 the notice from the commissioner.
11 (3) The identity of all appeals from or applications for
12 modification, suspension, termination or other review of
13 awards.
14 § 4309. Investigation and defense of claims.
15 The commissioner, or a representative committee of interested
16 carriers which the commissioner may from time to time appoint,
17 or both, may investigate and defend before workers' compensation
18 referees, the Workers' Compensation Appeal Board or any court,
19 any and all claims for compensation against an employer insured
20 by an insolvent carrier, or against an insolvent carrier, and
21 may prosecute any pending appeal from, or may appeal from, or
22 make application for modification, suspension, termination or
23 other review of any agreement, award or decision against any
24 such employer or carrier. Until all claims for compensation are
25 closed and all awards are paid, the commissioner shall be a
26 party in interest in respect to all such claims, agreements and
27 awards. For the purposes of this section, the commissioner shall
28 have exclusive power to select and employ those clerks and
29 assistants as may be deemed necessary and to fix and determine
30 their powers and duties.
19850H1852B2415 - 140 -
1 § 4310. Allowance of contributions as expenses.
2 Contributions to the fund as provided for in section 4305
3 (relating to contributions) shall be allowed in full as expenses
4 of the business of workers' compensation insurance by the
5 commissioner in fixing and approving rates for this insurance.
6 Section 2. Sections 521(a)(4) and 531(a)(4) of Title 30 are
7 amended to read:
8 § 521. Establishment and use of Fish Fund.
9 (a) General rule.--Except as otherwise provided in this
10 title, all fees, royalties, fines, penalties and other moneys
11 paid, received, recovered and collected under the provisions of
12 this title shall be placed in a separate fund by the State
13 Treasurer to be known as the "Fish Fund" and shall be used
14 solely for the following purposes:
15 * * *
16 (4) The purchase of such furniture, furnishings,
17 stationery, supplies, materials, equipment, fuel, motor
18 vehicles and printing and binding as may be necessary to the
19 conduct of the work of the commission, and the payment of
20 premiums on surety bonds for such officers or employees of
21 the commission as may be required to obtain policies of
22 [workmen's] workers' compensation insurance and policies of
23 liability insurance covering motor vehicles and persons
24 operating them.
25 * * *
26 § 531. Establishment and use of Boat Fund.
27 (a) General rule.--All fees, royalties, fines, penalties and
28 other moneys paid, received, recovered and collected under the
29 provisions of section 747 (relating to proceeds from sales and
30 grants) and Part III (relating to boats and boating), as well as
19850H1852B2415 - 141 -
1 all funds received pursuant to section 17 of the act of May 21,
2 1931 (P.L.149, No.105), known as "The Liquid Fuels Tax Act,"
3 shall be placed in a separate fund by the State Treasurer to be
4 known as the "Boat Fund." The use of the Boat Fund shall
5 generally be limited to carrying out the functions of the
6 commission that relate to boats and boating and, subject to this
7 general limitation, the fund may be used solely for the
8 following purposes:
9 * * *
10 (4) The purchase of such furniture, furnishings,
11 stationery, supplies, materials, equipment, fuel, motor
12 vehicles, boats and printing and binding as may be necessary
13 to the conduct of the work of the commission, and the payment
14 of premiums on surety bonds for such officers or employees of
15 the commission as may be required to obtain policies of
16 [workmen's] workers' compensation insurance and policies of
17 liability insurance covering the motor vehicles and persons
18 operating them.
19 * * *
20 Section 3. Sections 7704(c) and 7706(a) of Title 35 are
21 amended to read:
22 § 7704. Immunity from civil liability.
23 * * *
24 (c) Other benefits unaffected.--This section does not affect
25 the right of any person to receive benefits to which he would
26 otherwise be entitled under this part or under [the workmen's
27 compensation laws or under] any workers' compensation or pension
28 law, nor the right of any person to receive any benefits or
29 compensation under any Federal law.
30 § 7706. Compensation for accidental injury.
19850H1852B2415 - 142 -
1 (a) Benefits.--All duly enrolled emergency management
2 volunteers who are not eligible to receive benefits under [the
3 Workmen's Compensation Laws] Title 77 (relating to workers'
4 compensation) shall be entitled, except during a state of war or
5 period of armed conflict within the continental limits of the
6 United States, to the following benefits relating to injuries
7 sustained while actually engaged in emergency management
8 activities or in or en route to and from emergency management
9 tests or operations authorized by the Pennsylvania Emergency
10 Management Agency and carried out in accordance with rules and
11 orders promulgated and adopted by the agency:
12 (1) A sum of $2,500 for accidental injury directly
13 causing or leading to death.
14 (2) A sum not exceeding $1,500 for reimbursement for
15 medical and hospital expenses associated with accidental
16 injury.
17 (3) Weekly payments of $50, beginning on the eighth day
18 of disability directly arising from accidental injury
19 rendering the individual totally incapable of following his
20 normal gainful pursuits.
21 * * *
22 Section 4. Section 6308(b) of Title 40 is amended to read:
23 § 6308. Uncertificated plans prohibited.
24 * * *
25 (b) Exemptions.--Nothing in subsection (a) of this section
26 shall be construed as preventing any person from furnishing
27 professional health services for the prevention of disease among
28 his employees or from furnishing any of such services as
29 required under [The Pennsylvania Workmen's Compensation Act]
30 Title 77 (relating to workers' compensation) and related
19850H1852B2415 - 143 -
1 statutes, when the employee is not charged for such service.
2 Section 5. Sections 933(a)(1)(iv) and 8124(c)(2) of Title 42
3 are amended to read:
4 § 933. Appeals from government agencies.
5 (a) General rule.--Except as otherwise prescribed by any
6 general rule adopted pursuant to section 503 (relating to
7 reassignment of matters), each court of common pleas shall have
8 jurisdiction of appeals from final orders of government agencies
9 in the following cases:
10 (1) Appeals from Commonwealth agencies in the following
11 cases:
12 * * *
13 (iv) Determinations of the [Workmen's] Workers'
14 Compensation Appeal Board appealable under the former
15 provisions of the act of June 21, 1939 (P.L.566, No.284),
16 known as "The Pennsylvania Occupational Disease Act."
17 Except as otherwise prescribed by general rules, the
18 venue of such matters shall be as provided in section 427
19 of the act.
20 * * *
21 § 8124. Exemption of particular property.
22 * * *
23 (c) Insurance proceeds.--The following property or other
24 rights of the judgment debtor shall be exempt from attachment or
25 execution on a judgment:
26 * * *
27 (2) Claims and compensation payments under Title 77
28 (relating to workers' compensation) or under the former
29 provisions of the act of June 2, 1915 (P.L.736, No.338),
30 known as "The Pennsylvania Workmen's Compensation [Law] Act,"
19850H1852B2415 - 144 -
1 except as otherwise provided in the act.
2 * * *
3 Section 6. Sections 3501(a) and 3502(b) of Title 51 are
4 amended to read:
5 § 3501. Relief for disability incurred in active State service.
6 (a) General rule.--If any member of the Pennsylvania
7 National Guard is injured or otherwise disabled, or dies as a
8 result of injuries or other disability received or contracted
9 while performing duty in active service of the Commonwealth or
10 in the performance of other State military duty under competent
11 order or authority, or while engaged in volunteer service during
12 a civil emergency at the request of competent military
13 authority, he or his dependents, if not compensated therefor by
14 the government of the United States, shall receive from the
15 Commonwealth just and reasonable relief, the amount of
16 compensation to be determined in accordance with [the Workmen's
17 Compensation Law of Pennsylvania] Title 77 (relating to workers'
18 compensation. The General Assembly shall appropriate the moneys
19 necessary to provide for such compensation.
20 * * *
21 § 3502. Deceased soldier's dependents' pension.
22 * * *
23 (b) Workmen's compensation.--Such pension shall be in
24 addition to any relief in the form of compensation determined
25 under [the Workmen's Compensation Law of Pennsylvania] Title 77
26 (relating to workers' compensation) as authorized by section
27 3501 (relating to relief for disability incurred in active State
28 service).
29 * * *
30 Section 7. The definition of "service connected disability"
19850H1852B2415 - 145 -
1 in section 5102 of Title 71 is amended to read:
2 § 5102. Definitions.
3 The following words and phrases as used in this part, unless
4 a different meaning is plainly required by the context, shall
5 have the following meanings:
6 * * *
7 "Service connected disability." A disability resulting from
8 an injury arising in the course of State employment, and which
9 is compensable under [the applicable] Title 77 (relating to
10 workers' compensation or under the former provisions of the act
11 of June 2, 1915 (P.L.736, No.338), known as "The Pennsylvania
12 Workmen's Compensation Act," or the act of June 21, 1939
13 (P.L.566, No.284), known as "The Pennsylvania Occupational
14 Disease Act."
15 * * *
16 Section 8. Sections 5704(f), 5710 and 5905(c) of Title 71
17 are amended to read:
18 § 5704. Disability annuities.
19 * * *
20 (f) Supplement for service connected disability.--If a
21 member has been found to be eligible for a disability annuity
22 and if the disability has been found to be a service connected
23 disability, such member shall receive a supplement equal to 70%
24 of his final average salary less the sum of the annuity as
25 determined under subsection (a) and any payments paid or payable
26 on account of such disability under Title 77 (relating to
27 workers' compensation) or the Federal Social Security Act (42
28 U.S.C. § 301 et seq.), or under the former provisions of the act
29 of June 2, 1915 (P.L.736, No.338), known as "The Pennsylvania
30 Workmen's Compensation Act", or the act of June 21, 1939
19850H1852B2415 - 146 -
1 (P.L.566, No.284), known as "The Pennsylvania Occupational
2 Disease Act" [and the Federal Social Security Act, 42 U.S.C.A. §
3 301 et seq]. Such supplement shall continue as long as he is
4 determined to be disabled on account of his service connected
5 disability [in accordance with] under Title 77 or under the
6 former provisions of "The Pennsylvania Workmen's Compensation
7 Act"[,] or "The Pennsylvania Occupational Disease Act".
8 § 5710. Payments under other laws.
9 No payment provided for in this part shall be reduced on
10 account of any other benefits, now or hereafter provided for,
11 under any [workmen's] workers' compensation law or any other
12 law, except as otherwise [herein] provided in this part.
13 § 5905. Duties of the board regarding applications and
14 elections of members.
15 * * *
16 (c) Disability annuities.--In every case where the board has
17 received an application for a disability annuity based upon
18 physical or mental incapacity for the performance of the job for
19 which the member is employed, taking into account relevant
20 decisions by [The Pennsylvania Workmen's Compensation Board] the
21 Workers' Compensation Appeal Board, the board shall:
22 (1) through the chief medical examiner, have the
23 applicant examined and on the basis of said examination, and
24 the subsequent recommendation by the chief medical examiner
25 regarding the applicant's medical qualification for a
26 disability annuity along with such other recommendations
27 which he may make with respect to the permanency of
28 disability or the need for subsequent reexaminations, make a
29 finding of disability and whether or not the disability is
30 service connected or nondisability and in the case of
19850H1852B2415 - 147 -
1 disability establish an effective date of disability and the
2 terms and conditions regarding subsequent reexaminations;
3 (2) upon the recommendation of the chief medical
4 examiner on the basis of subsequent medical examinations,
5 make a finding of continued disability and whether or not the
6 disability continues to be service connected, or a finding of
7 nondisability; and in the case of a finding that the
8 disability is no longer service connected, discontinue any
9 supplemental payments on account of such service connected
10 disability as of the date of the finding; and in the case of
11 a finding of nondisability establish the date of termination
12 of disability and at that time discontinue any annuity
13 payments in excess of an annuity calculated in accordance
14 with section 5702 (relating to maximum single life annuity);
15 and
16 (3) upon receipt of a written statement from a
17 disability annuitant of his earned income of the previous
18 quarter, adjust the payments of the disability annuity for
19 the following quarter in accordance with the provisions of
20 section 5704(c) (relating to disability annuities).
21 * * *
22 Section 9. Repeals.
23 (a) Specific repeals.--The following acts and parts of acts
24 are repealed:
25 Act of July 19, 1913 (P.L.843, No.408), entitled "An act
26 requiring employers to make report to the Department of Labor
27 and Industry of accidents to employees, and prescribing a
28 penalty for non-compliance therewith."
29 Act of June 2, 1915 (P.L.736, No.338), known as The
30 Pennsylvania Workmen's Compensation Act.
19850H1852B2415 - 148 -
1 Act of June 2, 1915 (P.L.762, No.340), entitled "An act
2 providing for the creation and administration of a State Fund
3 for the insurance of compensation for injuries to employes of
4 subscribers thereto; declaring false oaths by the subscribers to
5 be misdemeanors; and providing penalties for the violation
6 thereof."
7 Act of July 18, 1917 (P.L.1083, No.359), entitled "An act
8 requiring all persons contracting with the Commonwealth, or any
9 department or officer thereof, or any municipal corporation,
10 division or subdivision of the Commonwealth, to accept the
11 provisions of the State Workmen's Compensation Act, and to
12 insure the said contractor's liability thereunder, or secure an
13 exemption from insurance in accordance with the terms of the
14 said act in respect to such contract."
15 Act of June 9, 1919 (P.L.437, No.216), entitled "An act to
16 provide reserves for outstanding liability losses of insurance
17 companies transacting the business of insuring any one against
18 loss or damage resulting from accident to, or injury suffered
19 by, an employe or other person, for which the person insured is
20 liable, and also for outstanding losses incurred under the
21 Workmen's Compensation Act of one thousand nine hundred fifteen;
22 and repealing existing laws."
23 Act of July 8, 1919 (P.L.764, No.310), entitled "An act
24 authorizing suits brought to recover in case of accidents in
25 this Commonwealth in courts of common pleas to be certified to
26 the Workmen's Compensation Board when discovered that the suit
27 has been brought wrongfully."
28 Act of July 21, 1919 (P.L.1077, No.441), entitled "An act to
29 provide for the administration of the Workmen's Compensation Act
30 of one thousand nine hundred fifteen by creating the Bureau of
19850H1852B2415 - 149 -
1 Workmen's Compensation of the Department of Labor and Industry;
2 providing for the establishment of the Workmen's Compensation
3 Board to have charge of such bureau; authorizing the division of
4 the Commonwealth into workmen's compensation districts, and the
5 appointment of workmen's compensation referees; defining the
6 powers and duties of the Commissioner of Labor and Industry, the
7 Bureau of Workmen's Compensation, the Workmen's Compensation
8 Board, the workmen's compensation referees and the factory
9 inspectors of the Department of Labor and Industry, in enforcing
10 the said act; and fixing the salaries of the members of the
11 Workmen's Compensation Board, the workmen's compensation
12 referees, and certain of their employes and assistants; and
13 repealing certain acts."
14 Act of April 20, 1921 (P.L.195, No.109), entitled "A
15 supplement to the act, approved the second day of June, one
16 thousand nine hundred fifteen (Pamphlet Laws, seven hundred
17 sixty-two), entitled 'An act providing for the creation and
18 administration of a State fund for the insurance of compensation
19 for injuries to employes of subscribers thereto; declaring false
20 oaths by the subscribers to be misdemeanors; and providing
21 penalties for the violation thereof'; providing that the
22 officers and employes of the State Workmen's Insurance Board
23 shall be officers and employes of the Commonwealth."
24 Act of May 17, 1921 (P.L.846, No.296), entitled "A supplement
25 to the act, approved the second day of June, one thousand nine
26 hundred and fifteen (Pamphlet Laws, seven hundred sixty-two),
27 entitled 'An act providing for the creation and administration
28 of a State Fund for the insurance of compensation for injuries
29 to employes of subscribers thereto; declaring false oaths by the
30 subscribers to be misdemeanors; and providing penalties for the
19850H1852B2415 - 150 -
1 violation thereof'; refunding to the general fund of the State
2 Treasury all moneys appropriated for the organization and
3 administration of the State Workmen's Insurance Fund."
4 Act of June 13, 1923 (P.L.698, No.291), entitled "A
5 supplement to the act, approved the second day of June, one
6 thousand nine hundred and fifteen (Pamphlet Laws, seven hundred
7 and sixty-two), entitled 'An act providing for the creation and
8 administration of a State fund for the insurance of compensation
9 for injuries to employes of subscribers thereto; declaring false
10 oaths by subscribers to be misdemeanors; and providing penalties
11 for the violation thereof'; providing for the auditing of the
12 State Workmen's Insurance Fund, and the payment of the costs
13 thereof."
14 Sections 441, 442, 443, 2208, 2211 and 2213 of the act of
15 April 9, 1929 (P.L.177, No.175), known as The Administrative
16 Code of 1929.
17 Act of May 1, 1933 (P.L.102, No.68), entitled "A supplement
18 to the act, approved the second day of June, one thousand nine
19 hundred and fifteen (Pamphlet Laws, seven hundred sixty-two),
20 entitled 'An act providing for the creation and administration
21 of a State Fund for the insurance of compensation for injuries
22 to employes of subscribers thereto; declaring false oaths by the
23 subscribers to be misdemeanors; and providing penalties for the
24 violation thereof,' providing for the examination and audit of
25 the State Workmen's Insurance Fund by the Insurance Department,
26 and appropriating the moneys in the fund for the payment of the
27 cost of such audit and examination."
28 Act of June 3, 1933 (P.L.1515, No.328), entitled "A
29 supplement to the act, approved the second day of June, one
30 thousand nine hundred and fifteen (Pamphlet Laws, seven hundred
19850H1852B2415 - 151 -
1 thirty-six), entitled 'An act defining the liability of an
2 employer to pay damages for injuries received by an employe in
3 the course of employment; establishing an elective schedule of
4 compensation; and providing procedure for the determination of
5 liability and compensation thereunder'; defining the liability
6 of public or charitable bodies, corporations and institutions to
7 pay workmen's compensation to persons injured in work relief
8 employment and to carry insurance therefor, and the rights of
9 persons injured in such employment; establishing the State Work
10 Relief Compensation Fund to provide such compensation in certain
11 cases, and providing for the administration of such fund by the
12 State Workmen's Insurance Fund; and making an appropriation
13 therefor."
14 Act of July 1, 1937 (P.L.2532, No.470), known as the
15 Workmen's Compensation Security Fund Act.
16 Act of June 21, 1939 (P.L.520, No.281), entitled "An act to
17 further reenact and amend the act, approved the second day of
18 June, one thousand nine hundred and fifteen (Pamphlet Laws,
19 seven hundred thirty-six), entitled, as amended, 'An act
20 defining the liability of an employer to pay damages for
21 injuries received by an employe in the course of employment;
22 establishing an elective schedule of compensation; providing
23 procedure for the determination of liability and compensation
24 thereunder; and prescribing penalties,' changing maximum and
25 minimum rates, periods, total amounts and aggregate of
26 compensation; changing the system of computation of wages for
27 compensation purposes; changing practice and rules of evidence;
28 defining earning power after accident; authorizing the board to
29 terminate compensation in certain cases; changing the classes of
30 dependents entitled to compensation in case of death; increasing
19850H1852B2415 - 152 -
1 powers and duties of the board; and imposing additional
2 penalties; authorizing the department, the board and the
3 referees to approve compromise agreements in certain cases, and
4 generally amending, clarifying and changing the provisions of
5 said act."
6 Act of June 21, 1939 (P.L.566, No.284), known as The
7 Pennsylvania Occupational Disease Act.
8 Act of May 17, 1957 (P.L.152, No.71), entitled "A supplement
9 to the act of June 2, 1915 (P.L.736, No.338), entitled, as
10 amended, 'An act defining the liability of an employer to pay
11 damages for injuries received by an employe in the course of
12 employment; establishing an elective schedule of compensation;
13 providing procedure for the determination of liability and
14 compensation thereunder; and prescribing penalties,' providing
15 for the payment of compensation to auxiliary police or their
16 dependents."
17 Act of September 19, 1961 (P.L.1489, No.634), entitled "A
18 supplement to the act of June 2, 1915 (P.L.736, No.338),
19 entitled, as amended, 'An act defining the liability of an
20 employer to pay damages for injuries received by an employe in
21 the course of employment; establishing an elective schedule of
22 compensation; providing procedure for the determination of
23 liability and compensation thereunder; and prescribing
24 penalties,' providing for the payment of compensation to special
25 school police, appointed by municipalities and townships, or the
26 dependents of such special school police."
27 As much of section 2(a) of the act of April 28, 1978
28 (P.L.202, No.53), known as the Judiciary Act Repealer Act,
29 relating to the act of June 2, 1915 (P.L.736, No.338), known as
30 The Pennsylvania Workmen's Compensation Act, as reads: "Whenever
19850H1852B2415 - 153 -
1 the Workmen's Compensation Appeal Board shall grant a rehearing
2 under section 426 of the act during the pendency of judicial
3 review, the board shall file with the reviewing court a
4 certified copy of its order granting such rehearing. A certified
5 copy of any award or order of the board or of a referee
6 sustained by the board, as affirmed or modified upon judicial
7 review, may be filed with the office of the clerk of the court
8 of common pleas of any county, and the proper officer shall
9 enter judgment for the total amount stated by the award or order
10 to be payable, whether then due and accrued or payable in future
11 installments."
12 (b) General repeal.--All other acts and parts of acts are
13 repealed insofar as they are inconsistent with this act.
14 (c) Construction of section.--Nothing in this section shall
15 be deemed to affect or impair section 16 of the act of December
16 5, 1974 (P.L.782, No.263), entitled "An act amending the act of
17 June 2, 1915 (P.L.736, No.338), entitled, as amended, 'An act
18 defining the liability of an employer to pay damages for
19 injuries received by an employe in the course of employment;
20 establishing an elective schedule of compensation; providing
21 procedure for the determination of liability and compensation
22 thereunder; and prescribing penalties,' further defining
23 'maximum weekly compensation payable' and 'the maximum
24 compensation payable per week'; making the act compulsory and
25 providing for actions at law for damages for certain
26 noncompliance; providing for extraterritorial coverage; changing
27 the waiting period and payments in connection therewith,
28 computation and distribution of certain compensation and
29 agricultural labor coverage; and incorporating certain existing
30 coverages with changes as to computation of compensation
19850H1852B2415 - 154 -
1 thereunder."
2 Section 10. Claims under Occupational Disease Act.
3 The former provisions of the act of June 21, 1939 (P.L.566,
4 No.284), known as The Pennsylvania Occupational Disease Act,
5 shall remain applicable to claims for disability, death and
6 burial expenses in relation to existing compensation cases and
7 pending claims existing on the effective date of this act, and
8 this act shall not be deemed to affect or impair any such case
9 or claim under that act.
10 Section 11. Special compensation.
11 The compensation provided for in section 1771 (relating to
12 special compensation), is intended and shall be deemed a
13 continuation of the compensation program under the former
14 provisions of section 301(i), (j), (k) and (l) of the act of
15 June 21, 1939 (P.L.566, No.284), known as The Pennsylvania
16 Occupational Disease Act.
17 Section 12. Workers' Compensation Appeal Board.
18 Members of the Workmen's Compensation Appeal Board on the
19 effective date of this act shall continue to serve upon the
20 Workers' Compensation Appeal Board until their current terms
21 expire. The appointment and confirmation of members of the
22 Workers' Compensation Appeal Board appointed after the effective
23 date of this act shall be as provided in section 207.1 of the
24 act of April 9, 1929 (P.L.177, No.175), known as The
25 Administrative Code of 1929.
26 Section 13. Effective date.
27 This act shall take effect January 1 next following six
28 months from the date of final enactment.
19850H1852B2415 - 155 -
1 SOURCE NOTES
2 PREPARED BY LEGISLATIVE REFERENCE BUREAU
3 77 Pa.C.S. § 101: New.
4 77 Pa.C.S. § 102: Substantial reenactment of act of June 2,
5 1915 (P.L.736, No.338), §§ 107 and 401 (77 P.S. §§ 27 and 701).
6 77 Pa.C.S. § 103: Paragraphs (1) through (8) are substantial
7 reenactment of act of April 9, 1929 (P.L.177, No.175), § 2208
8 (71 P.S. § 568). Paragraph (9) is substantial reenactment of act
9 of June 2, 1915 (P.L.736, No.338), § 435(e) (77 P.S. § 991(e)).
10 77 Pa.C.S. § 104: Subsection (a) is substantial reenactment
11 of act of June 2, 1915 (P.L.736, No.338), § 401 (first and
12 second paragraphs) (77 P.S. § 701 (first and second
13 paragraphs)). Subsections (b), (c) and (d) are substantial
14 reenactment of act of April 9, 1929 (P.L.177, No.175), § 441 (71
15 P.S. § 151). Subsection (e) is substantial reenactment of act of
16 June 2, 1915 (P.L.736, No.338), § 435(c) (77 P.S. § 991(c)).
17 Subsection (f) is substantial reenactment of act of April 9,
18 1929 (P.L.177, No.175), § 2208(a) (portion of last sentence) (71
19 P.S. § 568(a) (portion of last sentence)). The reference in
20 subsection (f) to the act of August 5, 1941 (P.L.752, No.286)
21 conforms with section 3(d)(2) of that act (71 P.S. §
22 741.3(d)(2)).
23 77 Pa.C.S. § 105: Subsection (a) is substantial reenactment
24 of act of June 2, 1915 (P.L.736, No.338), § 401 (second sentence
25 of first paragraph) (77 P.S. § 701 (second sentence of first
26 paragraph)) and act of April 9, 1929, (P.L.177, No.175), § 442
27 (71 P.S. § 152). Subsection (b) is substantial reenactment of
28 act of April 9, 1929, (P.L.177, No.175), § 442 (71 P.S. § 152).
29 Subsection (c) is substantial reenactment of act of April 9,
19850H1852B2415 - 156 -
1 1929, (P.L.177, No.175), § 2213 (71 P.S. § 573).
2 77 Pa.C.S. § 106: Substantial reenactment of act of July 21,
3 1919 (P.L.1077, No.441), § 23 (77 P.S. § 151).
4 77 Pa.C.S. § 107: Subsection (a) is substantial reenactment
5 of act of June 2, 1915 (P.L.736, No.338), § 401.1 (second
6 sentence of second paragraph) and 435(a) (77 P.S. §§ 710 (second
7 sentence of second paragraph) and 991(a)). Subsection (b) is
8 substantial reenactment of act of June 2, 1915 (P.L.736,
9 No.338), § 422 (fifth paragraph) (77 P.S. § 836).
10 77 Pa.C.S. § 108: Substantial reenactment of act of June 2,
11 1915 (P.L.736, No.338), § 436 (77 P.S. § 992).
12 77 Pa.C.S. § 109: Substantial reenactment of act of June 2,
13 1915 (P.L.736, No.338), § 437 (77 P.S. § 993).
14 77 Pa.C.S. § 110: Substantial reenactment of act of July 18,
15 1917 (P.L.1083, No.359), §§ 1, 2 and 3 (77 P.S. §§ 441, 442 and
16 443).
17 77 Pa.C.S. § 111: Substantial reenactment of act of June 2,
18 1915 (P.L.736, No.338), § 447 (77 P.S. § 1000.3).
19 77 Pa.C.S. § 501: Substantial reenactment of act of June 2,
20 1915 (P.L.736, No.338), § 446(g) (77 P.S. § 1000.2(g)).
21 77 Pa.C.S. § 502: Substantial reenactment of act of June 2,
22 1915 (P.L.736, No.338), § 446(a) (77 P.S. § 1000.2(a)).
23 77 Pa.C.S. § 503: Substantial reenactment of act of June 2,
24 1915 (P.L.736, No.338), § 446(b) (77 P.S. § 1000.2(b)).
25 77 Pa.C.S. § 504: Substantial reenactment of act of June 2,
26 1915 (P.L.736, No.338), § 446(c) (second paragraph) (77 P.S. §
27 1000.2(c) (second paragraph)).
28 77 Pa.C.S. § 505: Substantial reenactment of act of June 2,
29 1915 (P.L.736, No.338), § 446(c) (first paragraph) (77 P.S. §
30 1000.2(c) (first paragraph)).
19850H1852B2415 - 157 -
1 77 Pa.C.S. § 506: Subsections (a), (b) and (c) are
2 substantial reenactment of act of June 2, 1915 (P.L.736,
3 No.338), § 446(c) (third paragraph) (77 P.S. § 1000.2(c) (third
4 paragraph)). Subsection (d) is substantial reenactment of act of
5 June 2, 1915 (P.L.736, No.338), § 446(c) (last sentence of fifth
6 paragraph) (77 P.S. § 1000.2(c) (last sentence of fifth
7 paragraph)).
8 77 Pa.C.S. § 507: Substantial reenactment of act of June 2,
9 1915 (P.L.736, No.338), § 446(c) (fourth paragraph) (77 P.S. §
10 1000.2(c) (fourth paragraph)).
11 77 Pa.C.S. § 508: Substantial reenactment of act of June 2,
12 1915 (P.L.736, No.338), § 446(c) (first sentence of fifth
13 paragraph) (77 P.S. § 1000.2(c) (first sentence of fifth
14 paragraph)).
15 77 Pa.C.S. § 509: Substantial reenactment of act of June 2,
16 1915 (P.L.736, No.338), § 446(d) (77 P.S. § 1000.2(d)).
17 77 Pa.C.S. § 510: Substantial reenactment of act of June 2,
18 1915 (P.L.736, No.338), § 446(e) (77 P.S. § 1000.2(e)).
19 77 Pa.C.S. § 511: Substantial reenactment of act of June 2,
20 1915 (P.L.736, No.338), § 446(f) (77 P.S. § 1000.2(f)).
21 77 Pa.C.S. § 521: Substantial reenactment of act of June 2,
22 1915 (P.L.736, No.338), § 306.1 (third paragraph) (77 P.S. § 516
23 (third paragraph)).
24 77 Pa.C.S. § 522: Substantial reenactment of act of June 2,
25 1915 (P.L.736, No.338), § 306.2 (77 P.S. § 317).
26 77 Pa.C.S. § 541: Substantial reenactment of act of June 2,
27 1915 (P.L.736, No.338), § 443(b) (first paragraph) (77 P.S. §
28 999(b) (first paragraph)).
29 77 Pa.C.S. § 542: Substantial reenactment of act of June 2,
30 1915 (P.L.736, No.338), § 443(b) (first paragraph) (77 P.S. §
19850H1852B2415 - 158 -
1 999(b) (first paragraph)).
2 77 Pa.C.S. § 543: Subsections (a) and (b) are substantial
3 reenactment of act of June 2, 1915 (P.L.736, No.338), § 443(b)
4 (first paragraph) (77 P.S. § 999(b) (first paragraph)).
5 Subsection (c) is substantial reenactment of act of June 2, 1915
6 (P.L.736, No.338), § 443(c) (second sentence) (77 P.S. § 999(c)
7 (second sentence)).
8 77 Pa.C.S. § 544: Substantial reenactment of act of June 2,
9 1915 (P.L.736, No.338), § 443(b) (second paragraph) (77 P.S. §
10 999(b) (second paragraph)).
11 77 Pa.C.S. § 545: Substantial reenactment of act of June 2,
12 1915 (P.L.736, No.338), § 443(c) (first sentence) (77 P.S. §
13 999(c) (first sentence)).
14 77 Pa.C.S. § 546: Substantial reenactment of act of June 2,
15 1915 (P.L.736, No.338), § 443(c) (third, fourth, fifth and sixth
16 sentences) (77 P.S. § 999(c) (third, fourth, fifth and sixth
17 sentences)).
18 77 Pa.C.S. § 1101: Substantial reenactment of act of June 2,
19 1915 (P.L.736, No.338), § 101 (77 P.S. § 1).
20 77 Pa.C.S. § 1102: Substantial reenactment of act of June 2,
21 1915 (P.L.736, No.338), § 101 (77 P.S. § 1).
22 77 Pa.C.S. § 1103: Substantial reenactment of act of June 2,
23 1915 (P.L.736, No.338), § 103 (77 P.S. § 21).
24 77 Pa.C.S. § 1104: Substantial reenactment of act of June 2,
25 1915 (P.L.736, No.338), § 104 (77 P.S. § 22).
26 77 Pa.C.S. § 1105: Substantial reenactment of act of June 2,
27 1915 (P.L.736, No.338), § 105.1 (77 P.S. § 25.1).
28 77 Pa.C.S. § 1106: Substantial reenactment of act of June 2,
29 1915 (P.L.736, No.338), § 105.2 (77 P.S. § 25.2).
30 77 Pa.C.S. § 1107: Substantial reenactment of act of June 2,
19850H1852B2415 - 159 -
1 1915 (P.L.736, No.338), § 108 (77 P.S. § 27.1).
2 77 Pa.C.S. § 1108: Substantial reenactment of act of June 2,
3 1915 (P.L.736, No.338), § 106 (77 P.S. § 26).
4 77 Pa.C.S. § 1109: Substantial reenactment of act of June 2,
5 1915 (P.L.736, No.338), §§ 305 (last portion of second sentence
6 of first paragraph) and 321 (77 P.S. §§ 501 (last portion of
7 second sentence of first paragraph) and 676).
8 77 Pa.C.S. § 1110: Substantial reenactment of act of June 2,
9 1915 (P.L.736, No.338), § 302(c) (77 P.S. § 463).
10 77 Pa.C.S. § 1111: Substantial reenactment of act of June 2,
11 1915 (P.L.736, No.338), § 304.2 (77 P.S. § 484).
12 77 Pa.C.S. § 1121: Substantial reenactment of act of June 2,
13 1915 (P.L.736, No.338), § 305.2(d)(1), (2), (3) and (6) (77 P.S.
14 § 411.2(d)(1), (2), (3) and (6)).
15 77 Pa.C.S. § 1122: Subsection (a) is substantial reenactment
16 of act of June 2, 1915 (P.L.736, No.338), § 305.2(d)(4) (77 P.S.
17 § 411.2(d)(4)). Subsection (b) is substantial reenactment of act
18 of June 2, 1915 (P.L.736, No.338), § 305.2(d)(5) (77 P.S. §
19 411.2(d)(5)).
20 77 Pa.C.S. § 1123: Substantial reenactment of act of June 2,
21 1915 (P.L.736, No.338), § 305.2(a) (77 P.S. § 411.2(a)).
22 77 Pa.C.S. § 1124: Substantial reenactment of act of June 2,
23 1915 (P.L.736, No.338), § 305.2(b) (first paragraph) (77 P.S. §
24 411.2(b) (first paragraph)).
25 77 Pa.C.S. § 1125: Substantial reenactment of act of June 2,
26 1915 (P.L.736, No.338), § 305.2(b) (second paragraph) (77 P.S. §
27 411.2(b) (second paragraph)).
28 77 Pa.C.S. § 1126: Substantial reenactment of act of June 2,
29 1915 (P.L.736, No.338), § 305.2(c) (77 P.S. § 411.2(c)).
30 77 Pa.C.S. § 1141: Substantial reenactment of act of June 2,
19850H1852B2415 - 160 -
1 1915 (P.L.736, No.338), § 601(d) (77 P.S. § 1031(d)).
2 77 Pa.C.S. § 1142: Substantial reenactment of act of June 2,
3 1915 (P.L.736, No.338), § 601(a) (77 P.S. § 1031(a)).
4 77 Pa.C.S. § 1143: Substantial reenactment of act of May 17,
5 1957 (P.L.152, No.71), §§ 1 and 2 (77 P.S. §§ 22b and 22c).
6 77 Pa.C.S. § 1144: Substantial reenactment of act of
7 September 19, 1961 (P.L.1489, No.634), § 1 (77 P.S. § 22d).
8 77 Pa.C.S. § 1145: Substantial reenactment of act of June 2,
9 1915 (P.L.736, No.338), § 601(a)(1) (77 P.S. § 1031(a)(1)).
10 77 Pa.C.S. § 1146: Substantial reenactment of act of June 2,
11 1915 (P.L.736, No.338), § 601(a)(2) (77 P.S. § 1031(a)(2)).
12 77 Pa.C.S. § 1147: Substantial reenactment of act of June 2,
13 1915 (P.L.736, No.338), § 601(a)(3) (77 P.S. § 1031(a)(3)).
14 77 Pa.C.S. § 1148: Substantial reenactment of act of June 2,
15 1915 (P.L.736, No.338), § 601(a)(4) (77 P.S. § 1031(a)(4)).
16 77 Pa.C.S. § 1149: Substantial reenactment of act of June 2,
17 1915 (P.L.736, No.338), § 601(a)(5) (77 P.S. § 1031(a)(5)).
18 77 Pa.C.S. § 1150: Substantial reenactment of act of June 2,
19 1915 (P.L.736, No.338), § 601(a)(6) (77 P.S. § 1031(a)(6)).
20 77 Pa.C.S. § 1151: Substantial reenactment of act of June 2,
21 1915 (P.L.736, No.338), § 601(a)(7) (77 P.S. § 1031(a)(7)).
22 77 Pa.C.S. § 1152: Substantial reenactment of act of June 2,
23 1915 (P.L.736, No.338), § 601(b) (77 P.S. § 1031(b)).
24 77 Pa.C.S. § 1153: Substantial reenactment of act of June 2,
25 1915 (P.L.736, No.338), § 601(c) (77 P.S. § 1031(c)).
26 77 Pa.C.S. § 1301: Substantial reenactment of act of June 2,
27 1915 (P.L.736, No.338), § 201 (77 P.S. § 41).
28 77 Pa.C.S. § 1302: Substantial reenactment of act of June 2,
29 1915 (P.L.736, No.338), § 202 (77 P.S. § 51).
30 77 Pa.C.S. § 1303: Subsection (a) is substantial reenactment
19850H1852B2415 - 161 -
1 of act of June 2, 1915 (P.L.736, No.338), § 203 (77 P.S. § 52).
2 Subsection (b) is substantial reenactment of act of June 2, 1915
3 (P.L.736, No.338), § 105 (77 P.S. § 25).
4 77 Pa.C.S. § 1304: Substantial reenactment of act of June 2,
5 1915 (P.L.736, No.338), § 204 (77 P.S. § 71).
6 77 Pa.C.S. § 1305: Substantial reenactment of act of June 2,
7 1915 (P.L.736, No.338), § 205 (77 P.S. § 72).
8 77 Pa.C.S. § 1501: Substantial reenactment of act of June 2,
9 1915 (P.L.736, No.338), § 301(a) (77 P.S. § 431).
10 77 Pa.C.S. § 1502: Substantial reenactment of act of June 2,
11 1915 (P.L.736, No.338), § 303 (77 P.S. § 481).
12 77 Pa.C.S. § 1503: Substantial reenactment of act of June 2,
13 1915 (P.L.736, No.338), § 305 (77 P.S. § 501).
14 77 Pa.C.S. § 1504: Substantial reenactment of act of June 2,
15 1915 (P.L.736, No.338), § 302(a) (77 P.S. § 461).
16 77 Pa.C.S. § 1505: Subsection (a) is substantial reenactment
17 of act of June 2, 1915 (P.L.736, No.338), § 302(b) (77 P.S. §
18 462). Subsection (b) is substantial reenactment of act of June
19 2, 1915 (P.L.736, No.338), § 105 (77 P.S. § 25).
20 77 Pa.C.S. § 1506: Subsection (a) is substantial reenactment
21 of act of June 2, 1915 (P.L.736, No.338), § 301(b) (77 P.S. §
22 421). Subsections (b), (c), (d), (e) and (f) are substantial
23 reenactment of act of June 2, 1915 (P.L.736, No.338), § 320(a),
24 (b), (c), (d), (e) and (f) (77 P.S. § 672(a) through (f)).
25 77 Pa.C.S. § 1507: Substantial reenactment of act of June 2,
26 1915 (P.L.736, No.338), § 301(c)(1) (77 P.S. § 411(1)).
27 77 Pa.C.S. § 1508: Substantial reenactment of act of June 2,
28 1915 (P.L.736, No.338), § 301(c)(2) (77 P.S. § 411(2)).
29 77 Pa.C.S. § 1509: Substantial reenactment of act of June 2,
30 1915 (P.L.736, No.338), § 301(e) (77 P.S. § 413).
19850H1852B2415 - 162 -
1 77 Pa.C.S. § 1510: Substantial reenactment of act of June 2,
2 1915 (P.L.736, No.338), § 301(d) (77 P.S. § 412).
3 77 Pa.C.S. § 1511: Substantial reenactment of act of June 2,
4 1915 (P.L.736, No.338), § 305.1 (77 P.S. § 411.1).
5 77 Pa.C.S. § 1512: Subsections (a) and (b) are substantial
6 reenactment of act of June 2, 1915 (P.L.736, No.338), § 311 (77
7 P.S. § 631). Subsection (c) is substantial reenactment of act of
8 June 2, 1915 (P.L.736, No.338), § 312 (77 P.S. § 632).
9 Subsection (d) is substantial reenactment of act of June 2, 1915
10 (P.L.736, No.338), § 313 (77 P.S. § 633). Subsection (e) is
11 substantial reenactment of act of June 2, 1915 (P.L.736,
12 No.338), § 311 (77 P.S. § 631).
13 77 Pa.C.S. § 1513: Substantial reenactment of act of June 2,
14 1915 (P.L.736, No.338) § 315 (77 P.S. § 602).
15 77 Pa.C.S. § 1701: Substantial reenactment of act of June 2,
16 1915 (P.L.736, No.338), § 306(a) (77 P.S. § 511).
17 77 Pa.C.S. § 1702: Substantial reenactment of act of June 2,
18 1915 (P.L.736, No.338), § 306(b) (77 P.S. § 512).
19 77 Pa.C.S. § 1703: Substantial reenactment of act of June 2,
20 1915 (P.L.736, No.338), § 306(c) and (d) (77 P.S. § 513).
21 77 Pa.C.S. § 1704: Substantial reenactment of act of June 2,
22 1915 (P.L.736, No.338), § 306(g) (77 P.S. § 541).
23 77 Pa.C.S. § 1705: Substantial reenactment of act of June 2,
24 1915 (P.L.736, No.338), § 306.1 (77 P.S. § 516).
25 77 Pa.C.S. § 1706: Substantial reenactment of act of June 2,
26 1915 (P.L.736, No.338), § 306(e) (77 P.S. § 514).
27 77 Pa.C.S. § 1721: Substantial reenactment of act of June 2,
28 1915 (P.L.736, No.338), § 307 (first paragraph) (77 P.S. § 561).
29 77 Pa.C.S. § 1722: Substantial reenactment of act of June 2,
30 1915 (P.L.736, No.338) § 307 (second paragraph) (77 P.S. § 562)
19850H1852B2415 - 163 -
1 and Oknefski v. Workmen's Compensation Appeal Board, 63 Pa.
2 Commonwealth 450, 439 A.2d 846 (1981).
3 77 Pa.C.S. § 1723: Substantial reenactment of act of June 2,
4 1915 (P.L.736, No.338), § 307 (third paragraph) (77 P.S. § 542).
5 77 Pa.C.S. § 1741: Substantial reenactment of act of June 2,
6 1915 (P.L.736, No.338), § 306(f)(4) (fifth sentence) (77 P.S. §
7 531(4) (fifth sentence)).
8 77 Pa.C.S. § 1742: Substantial reenactment of act of June 2,
9 1915 (P.L.736, No.338), § 306(f)(1) (first sentence) (77 P.S. §
10 531 (first sentence)).
11 77 Pa.C.S. § 1743: Substantial reenactment of act of June 2,
12 1915 (P.L.736, No.338), § 306(f)(1), (2) and (3) (77 P.S. §
13 531(1), (2) and (3)).
14 77 Pa.C.S. § 1744: Substantial reenactment of act of June 2,
15 1915 (P.L.736, No.338), § 306(f)(4) (first, second, fourth and
16 sixth sentences) (77 P.S. § 531(4) (first, second, fourth and
17 sixth sentences)).
18 77 Pa.C.S. § 1745: Substantial reenactment of act of June 2,
19 1915 (P.L.736, No.338), § 306(f)(4) (third sentence) (77 P.S. §
20 531(4) (third sentence)).
21 77 Pa.C.S. § 1746: Substantial reenactment of act of June 2,
22 1915 (P.L.736, No.338), § 306(f)(5) (77 P.S. § 531(5)).
23 77 Pa.C.S. § 1747: Substantial reenactment of act of June 2,
24 1915 (P.L.736, No.338), § 422 (fourth paragraph) (77 P.S. § 835
25 (third paragraph)).
26 77 Pa.C.S. § 1748: Substantial reenactment of act of June 2,
27 1915 (P.L.736, No.338), § 314 (77 P.S. § 651).
28 77 Pa.C.S. § 1761: Substantial reenactment of act of June 2,
29 1915 (P.L.736, No.338), § 309 (77 P.S. § 582).
30 77 Pa.C.S. § 1762: Substantial reenactment of act of June 2,
19850H1852B2415 - 164 -
1 1915 (P.L.736, No.338), § 308 (77 P.S. § 601).
2 77 Pa.C.S. § 1763: Subsections (a) and (b) are substantial
3 reenactment of act of June 2, 1915 (P.L.736, No.338), § 316 (77
4 P.S. § 604). Subsection (c) is substantial reenactment of act of
5 June 2, 1915 (P.L.736, No.338), § 412 (77 P.S. § 791). See also
6 Workmen's Compensation Appeal Board v. Montrose, 20 Pa.
7 Commonwealth 97, 340 A.2d 605 (1975).
8 77 Pa.C.S. § 1764: Substantial reenactment of act of June 2,
9 1915 (P.L.736, No.338), § 317 (77 P.S. § 603).
10 77 Pa.C.S. § 1765: Substantial reenactment of act of June 2,
11 1915 (P.L.736, No.338), § 319 (77 P.S. § 671).
12 77 Pa.C.S. § 1766: Substantial reenactment of act of June 2,
13 1915 (P.L.736, No.338), § 318 (77 P.S. § 621).
14 77 Pa.C.S. § 1767: Substantial reenactment of act of June 2,
15 1915 (P.L.736, No.338), § 310 (77 P.S. § 563).
16 77 Pa.C.S. § 1768: Reenactment of act of June 2, 1915
17 (P.L.736, No.338), § 306(h) (77 P.S. § 583).
18 77 Pa.C.S. § 1769: Substantial reenactment of act of June 2,
19 1915 (P.L.736, No.338), § 406.1 (third sentence) (77 P.S. §
20 717.1 (third sentence)).
21 77 Pa.C.S. § 1770: Substantial reenactment of act of June 2,
22 1915 (P.L.736, No.338), § 444 (77 P.S. § 1000).
23 77 Pa.C.S. § 1771: Patterned after act of June 21, 1939
24 (P.L.566, No.284), § 301(i), (j), (k) and (l) (77 P.S. §
25 1401(i), (j), (k) and (l)).
26 77 Pa.C.S. § 1901: Substantial reenactment of act of June 2,
27 1915 (P.L.736, No.338), § 401 (fourth and fifth paragraphs) (77
28 P.S. § 701 (fourth and fifth paragraphs)).
29 77 Pa.C.S. § 1902: Substantial reenactment of act of June 2,
30 1915 (P.L.736, No.338), § 401.1 (77 P.S. § 710).
19850H1852B2415 - 165 -
1 77 Pa.C.S. § 1903: Substantial reenactment of act of June 2,
2 1915 (P.L.736, No.338), § 403 (77 P.S. § 714).
3 77 Pa.C.S. § 1904: Substantial reenactment of act of June 2,
4 1915 (P.L.736, No.338), § 404 (77 P.S. § 715).
5 77 Pa.C.S. § 1905: Substantial reenactment of act of June 2,
6 1915 (P.L.736, No.338), § 405 (77 P.S. § 716).
7 77 Pa.C.S. § 1906: Substantial reenactment of act of June 2,
8 1915 (P.L.736, No.338), § 406 (77 P.S. § 717).
9 77 Pa.C.S. § 1907: Substantial reenactment of act of June 2,
10 1915 (P.L.736, No.338), § 406.1 (77 P.S. § 717.1).
11 77 Pa.C.S. § 1908: Substantial reenactment of act of June 2,
12 1915 (P.L.736, No.338), § 407 (77 P.S. § 731).
13 77 Pa.C.S. § 1909: Substantial reenactment of act of June 2,
14 1915 (P.L.736, No.338), § 408 (77 P.S. § 732).
15 77 Pa.C.S. § 1910: Substantial reenactment of act of June 2,
16 1915 (P.L.736, No.338), § 409 (77 P.S. § 733).
17 77 Pa.C.S. § 1911: Substantial reenactment of act of June 2,
18 1915 (P.L.736, No.338), § 434 (77 P.S. § 1001).
19 77 Pa.C.S. § 1931: Substantial reenactment of act of June 2,
20 1915 (P.L.736, No.338), § 402 (77 P.S. § 711).
21 77 Pa.C.S. § 1932: Substantial reenactment of act of June 2,
22 1915 (P.L.736, No.338), § 414 (77 P.S. § 775).
23 77 Pa.C.S. § 1933: Substantial reenactment of act of June 2,
24 1915 (P.L.736, No.338), § 416 (77 P.S. § 821).
25 77 Pa.C.S. § 1934: Substantial reenactment of act of June 2,
26 1915 (P.L.736, No.338), § 417 (77 P.S. § 802).
27 77 Pa.C.S. § 1935: Subsection (a) is substantial reenactment
28 of act of June 2, 1915 (P.L.736, No.338), § 410 (first
29 paragraph) (77 P.S. § 751 (first paragraph)). Subsections (b)
30 and (c) are substantial reenactment of act of June 2, 1915
19850H1852B2415 - 166 -
1 (P.L.736, No.338) § 411 (77 P.S. § 752).
2 77 Pa.C.S. § 1936: Substantial reenactment of act of June 2,
3 1915 (P.L.736, No.338), § 415 (77 P.S. § 851).
4 77 Pa.C.S. § 1937: Substantial reenactment of act of June 2,
5 1915 (P.L.736, No.338), § 421 (77 P.S. § 801).
6 77 Pa.C.S. § 1938: Subsection (a) is substantial reenactment
7 of act of June 2, 1915 (P.L.736, No.338), § 413(a) (first
8 paragraph) (77 P.S. § 771). Subsections (b) through (g) are
9 substantial reenactment of act of June 2, 1915 (P.L.736,
10 No.338), § 413(a) (second paragraph) (77 P.S. § 772).
11 77 Pa.C.S. § 1939: Substantial reenactment of act of June 2,
12 1915 (P.L.736, No.338), § 413(a) (third paragraph) (77 P.S. §
13 773).
14 77 Pa.C.S. § 1940: Substantial reenactment of act of June 2,
15 1915 (P.L.736, No.338), § 413(a) (fourth paragraph) (77 P.S. §
16 774) and Baksalary v. Smith, 591 F. Supp. 1279 (E.D. Pa. 1984).
17 77 Pa.C.S. § 1941: Substantial reenactment of act of June 2,
18 1915 (P.L.736, No.338), § 413(b) (77 P.S. § 774.1).
19 77 Pa.C.S. § 1942: Substantial reenactment of act of June 2,
20 1915 (P.L.736, No.338), § 413(c) (77 P.S. § 774.2).
21 77 Pa.C.S. § 1943: Substantial reenactment of act of June 2,
22 1915 (P.L.736, No.338), § 418 (77 P.S. § 833).
23 77 Pa.C.S. § 1944: Substantial reenactment of act of June 2,
24 1915 (P.L.736, No.338), § 423 (first paragraph) (77 P.S. § 853).
25 77 Pa.C.S. § 1945: Substantial reenactment of act of June 2,
26 1915 (P.L.736, No.338), § 423 (second paragraph) (77 P.S. §
27 854).
28 77 Pa.C.S. § 1946: Substantial reenactment of act of June 2,
29 1915 (P.L.736, No.338), § 424 (77 P.S. § 855).
30 77 Pa.C.S. § 1947: Substantial reenactment of act of June 2,
19850H1852B2415 - 167 -
1 1915 (P.L.736, No.338), § 425 (77 P.S. § 856).
2 77 Pa.C.S. § 1948: Substantial reenactment of act of June 2,
3 1915 (P.L.736, No.338), § 419 (77 P.S. § 852).
4 77 Pa.C.S. § 1949: Substantial reenactment of act of June 2,
5 1915 (P.L.736, No.338), § 422 (first paragraph) (77 P.S. § 834).
6 77 Pa.C.S. § 1950: Substantial reenactment of act of June 2,
7 1915 (P.L.736, No.338), § 422 (second paragraph) (77 P.S. § 835
8 (first paragraph)).
9 77 Pa.C.S. § 1951: Substantial reenactment of act of June 2,
10 1915 (P.L.736, No.338), § 422 (third paragraph) (77 P.S. § 835
11 (second paragraph)).
12 77 Pa.C.S. § 1952: Subsection (a) is substantial reenactment
13 of act of June 2, 1915 (P.L.736, No.338), § 420 (first
14 paragraph, second and third sentences) (77 P.S. § 831 (second
15 and third sentences)). Subsection (b) is substantial reenactment
16 of act of June 2, 1915 (P.L.736, No.338), § 420 (second
17 paragraph) (77 P.S. § 832).
18 77 Pa.C.S. § 1953: Patterned after act of June 2, 1915
19 (P.L.736, No.338), § 430(b) (77 P.S. § 971(b)).
20 77 Pa.C.S. § 1954: Substantial reenactment of act of June 2,
21 1915 (P.L.736, No.338), § 443(a) and last sentence of (c) (77
22 P.S. § 999(a) and last sentence of (c)).
23 77 Pa.C.S. § 1955: Substantial reenactment of act of June 2,
24 1915 (P.L.736, No.338), § 410 (third paragraph) (77 P.S. § 751
25 (third paragraph)).
26 77 Pa.C.S. § 1956: Substantial reenactment of act of June 2,
27 1915 (P.L.736, No.338), § 410 (second paragraph) (77 P.S. § 751
28 (second paragraph)).
29 77 Pa.C.S. § 1957: Subsections (a), (b) and (c) are
30 substantial reenactment of act of June 2, 1915 (P.L.736,
19850H1852B2415 - 168 -
1 No.338), § 426 (77 P.S. § 871). Subsection (d) is substantial
2 reenactment of act of April 28, 1978 (P.L.202, No.53), § 2(a)
3 (second sentence of 995th paragraph) (42 P.S. § 20002(a)(995)
4 (second sentence)).
5 77 Pa.C.S. § 2101: Substantial reenactment of act of June 2,
6 1915 (P.L.736, No.338), § 440 (77 P.S. § 996).
7 77 Pa.C.S. § 2102: Substantial reenactment of act of June 2,
8 1915 (P.L.736, No.338), § 442 (77 P.S. § 998).
9 77 Pa.C.S. § 2103: Substantial reenactment of act of June 2,
10 1915 (P.L.736, No.338), § 501 (77 P.S. § 1021).
11 77 Pa.C.S. § 2121: Substantial reenactment of act of June 2,
12 1915 (P.L.736, No.338), § 435(d) (77 P.S. § 991(d)).
13 77 Pa.C.S. § 2122: Substantial reenactment of act of June 2,
14 1915 (P.L.736, No.338), § 435(b) (77 P.S. § 991(b)).
15 77 Pa.C.S. § 2123: Substantial reenactment of act of June 2,
16 1915 (P.L.736, No.338), § 441(a) (77 P.S. § 997(a)).
17 77 Pa.C.S. § 2124: Substantial reenactment of act of June 2,
18 1915 (P.L.736, No.338), § 441(b) (77 P.S. § 997(b)).
19 77 Pa.C.S. § 2125: Substantial reenactment of act of June 2,
20 1915 (P.L.736, No.338), § 441(c) (77 P.S. § 997(c)).
21 77 Pa.C.S. § 2141: Subsection (a) is new. Subsections (b),
22 (c) and (d) are substantial reenactment of act of June 2, 1915
23 (P.L.736, No.338), § 438 (77 P.S. § 994). Subsection (e) is
24 substantial reenactment of act of July 19, 1913 (P.L.843,
25 No.408), § 2 (43 P.S. § 13).
26 77 Pa.C.S. § 2142: Substantial reenactment of act of June 2,
27 1915 (P.L.736, No.338), § 439 (77 P.S. § 995).
28 77 Pa.C.S. § 2143: Substantial reenactment of act of June 2,
29 1915 (P.L.736, No.338), § 445 (77 P.S. § 1000.1).
30 77 Pa.C.S. § 2161: Substantial reenactment of act of June 2,
19850H1852B2415 - 169 -
1 1915 (P.L.736, No.338), § 428 (first paragraph) (77 P.S. § 921).
2 77 Pa.C.S. § 2162: Substantial reenactment of act of June 2,
3 1915 (P.L.736, No.338), § 428 (second paragraph) (77 P.S. §
4 931).
5 77 Pa.C.S. § 2163: Substantial reenactment of act of June 2,
6 1915 (P.L.736, No.338), § 428 (third paragraph) (77 P.S. § 932).
7 77 Pa.C.S. § 2164: Substantial reenactment of act of June 2,
8 1915 (P.L.736, No.338), § 428 (fourth paragraph) (77 P.S. §
9 933).
10 77 Pa.C.S. § 2165: Substantial reenactment of act of June 2,
11 1915 (P.L.736, No.338), § 428 (fifth paragraph) (77 P.S. § 934).
12 77 Pa.C.S. § 2166: Substantial reenactment of act of June 2,
13 1915 (P.L.736, No.338), § 428 (sixth and seventh paragraphs) (77
14 P.S. § 951).
15 77 Pa.C.S. § 2167: Substantial reenactment of act of June 2,
16 1915 (P.L.736, No.338), § 429 (77 P.S. § 952).
17 77 Pa.C.S. § 2168: Substantial reenactment of act of June 2,
18 1915 (P.L.736, No.338), § 431 (77 P.S. § 981).
19 77 Pa.C.S. § 2169: Substantial reenactment of act of April
20 28, 1978 (P.L.202, No.53), § 2(a) (third sentence of 995th
21 paragraph) (42 P.S. § 20002(a)(995) (third sentence)).
22 77 Pa.C.S. § 2170: Substantial reenactment of act of June 2,
23 1915 (P.L.736, No.338), § 430(a) (77 P.S. § 971(a)).
24 77 Pa.C.S. § 4101: New.
25 77 Pa.C.S. § 4102: Substantial reenactment of act of June 2,
26 1915 (P.L.762, No.340), § 1 (77 P.S. § 201).
27 77 Pa.C.S. § 4121: Subsection (a) is substantial reenactment
28 of act of June 2, 1915 (P.L.762, No.340), § 2 (77 P.S. § 211)
29 and the act of April 9, 1929 (P.L.177, No. 175) § 443 (71 P.S.
30 153). Subsection (b) is substantial reenactment of act of April
19850H1852B2415 - 170 -
1 20, 1921 (P.L.195, No.109), § 1 (77 P.S. § 381).
2 77 Pa.C.S. § 4122: Subsection (a) is substantial reenactment
3 of act of June 2, 1915 (P.L.762, No.340), § 15 (first paragraph)
4 (77 P.S. § 323). Subsection (b) is substantial reenactment of
5 act of June 2, 1915 (P.L.762, No.340), § 15 (second paragraph)
6 (77 P.S. § 324). Subsection (c) is substantial reenactment of
7 act of June 2, 1915 (P.L.762, No.340), § 13 (77 P.S. § 321).
8 Subsection (d) is substantial reenactment of act of June 2, 1915
9 (P.L.762, No.340), § 14 (77 P.S. § 322).
10 77 Pa.C.S. § 4123: Substantial reenactment of act of June 2,
11 1915 (P.L.762, No.340), § 25 (77 P.S. § 325).
12 77 Pa.C.S. § 4141: Substantial reenactment of act of June 2,
13 1915 (P.L.762, No.340), § 3 (77 P.S. § 221).
14 77 Pa.C.S. § 4142: Substantial reenactment of act of June 2,
15 1915 (P.L.762, No.340), § 4 (77 P.S. § 223).
16 77 Pa.C.S. § 4143: Subsection (a) is substantial reenactment
17 of act of June 13, 1923 (P.L.698, No.291), § 1 (77 P.S. § 224).
18 Subsection (b) is substantial reenactment of act of June 13,
19 1923 (P.L.698, No.291), § 3 (77 P.S. § 303). Subsection (c) is
20 substantial reenactment of act of June 13, 1923 (P.L.698,
21 No.291), § 1 (77 P.S. § 224).
22 77 Pa.C.S. § 4144: Subsection (a) is substantial reenactment
23 of act of May 1, 1933 (P.L.102, No.68), § 1 (77 P.S. § 345).
24 Subsection (b) is substantial reenactment of act of May 1, 1933
25 (P.L.102, No.68), § 2 (77 P.S. § 346). Subsection (c) is
26 substantial reenactment of act of May 1, 1933 (P.L.102, No.68),
27 § 3 (77 P.S. § 347).
28 77 Pa.C.S. § 4145: Substantial reenactment of act of June 2,
29 1915 (P.L.762, No.340), § 5 (77 P.S. § 241).
30 77 Pa.C.S. § 4146: Substantial reenactment of act of June 2,
19850H1852B2415 - 171 -
1 1915 (P.L.762, No.340), § 6 (77 P.S. § 242).
2 77 Pa.C.S. § 4147: Substantial reenactment of act of June 2,
3 1915 (P.L.762, No.340), § 7 (77 P.S. § 261).
4 77 Pa.C.S. § 4148: Substantial reenactment of act of June 2,
5 1915 (P.L.762, No.340), § 10 (77 P.S. § 262).
6 77 Pa.C.S. § 4149: Substantial reenactment of act of June 2,
7 1915 (P.L.762, No.340), § 9 (77 P.S. § 281).
8 77 Pa.C.S. § 4150: Substantial reenactment of act of June 2,
9 1915 (P.L.762, No.340), § 12 (77 P.S. § 282).
10 77 Pa.C.S. § 4151: Subsection (a) is substantial reenactment
11 of act of June 2, 1915 (P.L.762, No.340), § 24 (first sentence)
12 (77 P.S. § 365). Subsections (a), (b) and (c) are substantial
13 reenactment of act of June 2, 1915 (P.L.762, No.340), § 11 (77
14 P.S. § 283). Subsection (d) is substantial reenactment of act of
15 June 13, 1923 (P.L.698, No.291), § 2 (77 P.S. § 302).
16 77 Pa.C.S. § 4152: Substantial reenactment of act of June 2,
17 1915 (P.L.762, No.340), § 16 (77 P.S. § 341).
18 77 Pa.C.S. § 4153: Substantial reenactment of act of June 2,
19 1915 (P.L.762, No.340), § 17 (77 P.S. § 342).
20 77 Pa.C.S. § 4154: Substantial reenactment of act of June 2,
21 1915 (P.L.762, No.340), § 18 (77 P.S. § 343).
22 77 Pa.C.S. § 4155: Substantial reenactment of act of June 2,
23 1915 (P.L.762, No.340), § 20 (77 P.S. § 361).
24 77 Pa.C.S. § 4156: Substantial reenactment of act of June 2,
25 1915 (P.L.762, No.340), § 19 (77 P.S. § 344).
26 77 Pa.C.S. § 4301: Substantial reenactment of act of July 1,
27 1937 (P.L.2532, No.470), § 1 (77 P.S. § 1051).
28 77 Pa.C.S. § 4302: Substantial reenactment of act of July 1,
29 1937 (P.L.2532, No.470), § 2 (77 P.S. § 1052). The definition of
30 "net written premiums" is patterned after the second sentence of
19850H1852B2415 - 172 -
1 section 4 of that act (77 P.S. § 1054).
2 77 Pa.C.S. § 4303: Subsections (a) and (b) are substantial
3 reenactment of act of July 1, 1937 (P.L.2532, No.470), § 3 (77
4 P.S. § 1053. Subsections (c), (d) and (e) are substantial
5 reenactment of act of July 1, 1937 (P.L.2532, No.470), § 10 (77
6 P.S. § 1060). Subsection (f) is substantial reenactment of act
7 of July 1, 1937 (P.L.2532, No.470), § 14 (77 P.S. § 1064).
8 77 Pa.C.S. § 4304: Substantial reenactment of act of July 1,
9 1937 (P.L.2532, No.470), § 4 (77 P.S. § 1054).
10 77 Pa.C.S. § 4305: Subsections (a) and (b) are substantial
11 reenactment of act of July 1, 1937 (P.L.2532, No.470), § 5 (77
12 P.S. § 1055). Subsection (c) is substantial reenactment of act
13 of July 1, 1937 (P.L.2532, No.470), § 15 (first paragraph) (77
14 P.S. § 1065 (first paragraph)).
15 77 Pa.C.S. § 4306: Substantial reenactment of act of July 1,
16 1937 (P.L.2532, No.470), § 9 (77 P.S. § 1059).
17 77 Pa.C.S. § 4307: Substantial reenactment of act of July 1,
18 1937 (P.L.2532, No.470), § 11 (77 P.S. § 1061).
19 77 Pa.C.S. § 4308: Substantial reenactment of act of July 1,
20 1937 (P.L.2532, No.470), § 12 (77 P.S. § 1062).
21 77 Pa.C.S. § 4309: Substantial reenactment of act of July 1,
22 1937 (P.L.2532, No.470), § 13 (77 P.S. § 1063).
23 77 Pa.C.S. § 4310: Substantial reenactment of act of July 1,
24 1937 (P.L.2532, No.470), § 15 (second paragraph) (77 P.S. § 1065
25 (second paragraph)).
19850H1852B2415 - 173 -
1 DISPOSITION TABLE
2 (Repealed Statute Section to Codified Section)
3 * - part of cited provision only
4 Repealed Act Unofficial Superseding
5 Sess & No. Section Citation Title 77 Prov.
6 1913, No.408 1 43 P.S. § 12 Obsolete
7 1913, No.408 2 43 P.S. § 13 2141(e)
8 1913, No.408 3 43 P.S. § 14 Obsolete
9 1913, No.408 4 43 P.S. § 15 Obsolete
10 1913, No.408 5 43 P.S. § 16 Obsolete
11 1915, No.338 101* 77 P.S. § 1 1101
12 1915, No.338 101* 77 P.S. § 1 1102
13 1915, No.338 102 77 P.S. § 2 Obsolete
14 1915, No.338 103 77 P.S. § 21 1103
15 1915, No.338 104 77 P.S. § 22 1104
16 1915, No.338 105 77 P.S. § 25 1303(b)
17 1915, No.338 105 77 P.S. § 25 1505(b)
18 1915, No.338 105.1 77 P.S. § 25.1 1105
19 1915, No.338 105.2 77 P.S. § 25.2 1106
20 1915, No.338 106 77 P.S. § 26 1108
21 1915, No.338 107 77 P.S. § 27 102
22 1915, No.338 108 77 P.S. § 27.1 1107
23 1915, No.338 201 77 P.S. § 41 1301
24 1915, No.338 202 77 P.S. § 51 1302
25 1915, No.338 203 77 P.S. § 52 1303(a)
26 1915, No.338 204 77 P.S. § 71 1304
27 1915, No.338 205 77 P.S. § 72 1305
28 1915, No.338 301(a) 77 P.S. § 431 1501
29 1915, No.338 301(b) 77 P.S. § 421 1506(a)
30 1915, No.338 301(c)(1) 77 P.S. § 411 1507
31 1915, No.338 301(c)(2) 77 P.S. § 411 1508
32 1915, No.338 301(d) 77 P.S. § 412 1510
33 1915, No.338 301(e) 77 P.S. § 413 1509
34 1915, No.338 302(a) 77 P.S. § 461 1504
35 1915, No.338 302(b) 77 P.S. § 462 1505(a)
36 1915, No.338 302(c) 77 P.S. § 463 1110
37 1915, No.338 303 77 P.S. § 481 1502
38 1915, No.338 304.2 77 P.S. § 484 1111
39 1915, No.338 305* 77 P.S. § 501 1503
40 1915, No.338 305 2nd sen* 77 P.S. § 501 1109
41 1915, No.338 305.1 77 P.S. § 411.1 1511
42 1915, No.338 305.2(a) 77 P.S. § 411.2 1123
43 1915, No.338 305.2(b)(1-3) 77 P.S. § 411.2 1124
44 1915, No.338 305.2(b)2 par 77 P.S. § 411.2 1125
45 1915, No.338 305.2(c)1 par 77 P.S. § 411.2 1126(a)
46 1915, No.338 305.2(c)(1) 77 P.S. § 411.2 1126(b)
47 1915, No.338 305.2(c)(2) 77 P.S. § 411.2 1126(c)
48 1915, No.338 305.2(c)(3)i 77 P.S. § 411.2 1126(d)
49 1915, No.338 305.2(c)(3)ii 77 P.S. § 411.2 1126(e)
50 1915, No.338 305.2(c)(4) 77 P.S. § 411.2 1126(f)
51 1915, No.338 305.2(c)(5) 77 P.S. § 411.2 1126(g)
52 1915, No.338 305.2(d)(1-3) 77 P.S. § 411.2 1121
53 1915, No.338 305.2(d)(4) 77 P.S. § 411.2 1122(a)
54 1915, No.338 305.2(d)(5) 77 P.S. § 411.2 1122(b)
55 1915, No.338 305.2(d)(6) 77 P.S. § 411.2 1121
56 1915, No.338 306(a) 77 P.S. § 511 1701
57 1915, No.338 306(b) 77 P.S. § 512 1702
58 1915, No.338 306(c)-(d) 77 P.S. § 513 1703
19850H1852B2415 - 174 -
1 1915, No.338 306(e) 77 P.S. § 514 1706
2 1915, No.338 306(f)(1)* 77 P.S. § 531 1742
3 1915, No.338 306(f)(1-3)* 77 P.S. § 531 1743
4 1915, No.338 306(f)(4)* 77 P.S. § 531 1741
5 1915, No.338 306(f)(4)* 77 P.S. § 531 1744(a)
6 1915, No.338 306(f)(4)* 77 P.S. § 531 1744(b)
7 1915, No.338 306(f)(4)* 77 P.S. § 531 1744(c)
8 1915, No.338 306(f)(4)* 77 P.S. § 531 1745
9 1915, No.338 306(f)(5) 77 P.S. § 531 1746
10 1915, No.338 306(g) 77 P.S. § 541 1704
11 1915, No.338 306(h) 77 P.S. § 583 1768
12 1915, No.338 306.1* 77 P.S. § 516 1705
13 1915, No.338 306.1 3rd par 77 P.S. § 516 521
14 1915, No.338 306.2 77 P.S. § 317 522
15 1915, No.338 307 1st par 77 P.S. § 561 1721
16 1915, No.338 307 2nd par 77 P.S. § 562 1722
17 1915, No.338 307 3rd par 77 P.S. § 542 1723
18 1915, No.338 308 77 P.S. § 601 1762
19 1915, No.338 309 77 P.S. § 582 1761
20 1915, No.338 310 77 P.S. § 563 1767
21 1915, No.338 311 77 P.S. § 631 1512(a)-(b)
22 1915, No.338 311 77 P.S. § 631 1512(e)
23 1915, No.338 312 77 P.S. § 632 1512(c)
24 1915, No.338 313 77 P.S. § 633 1512(d)
25 1915, No.338 314 77 P.S. § 651 1748
26 1915, No.338 315 77 P.S. § 602 1513
27 1915, No.338 316 77 P.S. § 604 1763(a)-(b)
28 1915, No.338 317 77 P.S. § 603 1764
29 1915, No.338 318 77 P.S. § 621 1766
30 1915, No.338 319 77 P.S. § 671 1765
31 1915, No.338 320(a)-(f) 77 P.S. § 672 1506(b)-(f)
32 1915, No.338 320(g) 77 P.S. § 672 Obsolete
33 1915, No.338 321 77 P.S. § 676 1109
34 1915, No.338 401 1-2 par* 77 P.S. § 701 104(a)
35 1915, No.338 401 1st par* 77 P.S. § 701 105(a)
36 1915, No.338 401 3rd par 77 P.S. § 701 102
37 1915, No.338 401 4-5th par 77 P.S. § 701 1901
38 1915, No.338 401.1* 77 P.S. § 710 1902
39 1915, No.338 401.1 last sen 77 P.S. § 710 107(a)
40 1915, No.338 402 77 P.S. § 711 1931
41 1915, No.338 403 77 P.S. § 714 1903
42 1915, No.338 404 77 P.S. § 715 1904
43 1915, No.338 405 77 P.S. § 716 1905
44 1915, No.338 406 77 P.S. § 717 1906
45 1915, No.338 406.1* 77 P.S. § 717.1 1907
46 1915, No.338 406.1 3rd sen 77 P.S. § 717.1 1769
47 1915, No.338 407 77 P.S. § 731 1908
48 1915, No.338 408 77 P.S. § 732 1909
49 1915, No.338 409 77 P.S. § 733 1910
50 1915, No.338 410 1st par 77 P.S. § 751 1935(a)
51 1915, No.338 410 2nd par 77 P.S. § 751 1956
52 1915, No.338 410 3rd par 77 P.S. § 751 1955
53 1915, No.338 411 77 P.S. § 752 1935(b)-(c)
54 1915, No.338 412 77 P.S. § 791 1763(c)
55 1915, No.338 413(a)1st par 77 P.S. § 771 1938(a)
56 1915, No.338 413(a)2nd par 77 P.S. § 772 1938(b)-(g)
57 1915, No.338 413(a)3rd par 77 P.S. § 773 1939
58 1915, No.338 413(a)4th par 77 P.S. § 774 1940
59 1915, No.338 413(b) 77 P.S. § 774.1 1941
19850H1852B2415 - 175 -
1 1915, No.338 413(c) 77 P.S. § 774.2 1942
2 1915, No.338 414 77 P.S. § 775 1932
3 1915, No.338 415 77 P.S. § 851 1936
4 1915, No.338 416 77 P.S. § 821 1933
5 1915, No.338 417 77 P.S. § 802 1934
6 1915, No.338 418 77 P.S. § 833 1943
7 1915, No.338 419 77 P.S. § 852 1948
8 1915, No.338 420 1st par 77 P.S. § 831 1952(a)
9 1915, No.338 420 2nd par 77 P.S. § 832 1952(b)
10 1915, No.338 421 77 P.S. § 801 1937
11 1915, No.338 422 1st par 77 P.S. § 834 1949
12 1915, No.338 422 2nd par 77 P.S. § 835 1950
13 1915, No.338 422 3rd par 77 P.S. § 835 1951
14 1915, No.338 422 4th par 77 P.S. § 835 1747
15 1915, No.338 422 5th par 77 P.S. § 836 107(b)
16 1915, No.338 423 1st par 77 P.S. § 853 1944
17 1915, No.338 423 2nd par 77 P.S. § 854 1945
18 1915, No.338 424 77 P.S. § 855 1946
19 1915, No.338 425 77 P.S. § 856 1947
20 1915, No.338 426 77 P.S. § 871 1957(a)-(c)
21 1915, No.338 428 1st par 77 P.S. § 921 2161
22 1915, No.338 428 2nd par 77 P.S. § 931 2162
23 1915, No.338 428 3rd par 77 P.S. § 932 2163
24 1915, No.338 428 4th par 77 P.S. § 933 2164
25 1915, No.338 428 5th par 77 P.S. § 934 2165
26 1915, No.338 428 6-7th par 77 P.S. § 951 2166
27 1915, No.338 429 77 P.S. § 952 2167
28 1915, No.338 430(a) 77 P.S. § 971 2170
29 1915, No.338 430(b) 77 P.S. § 971 1953
30 1915, No.338 431 77 P.S. § 981 2168
31 1915, No.338 434 77 P.S. § 1001 1911
32 1915, No.338 435(a) 77 P.S. § 991 107(a)
33 1915, No.338 435(b) 77 P.S. § 991 2122
34 1915, No.338 435(c) 77 P.S. § 991 104(e)
35 1915, No.338 435(d) 77 P.S. § 991 2121
36 1915, No.338 435(e) 77 P.S. § 991 103(9)
37 1915, No.338 436 77 P.S. § 992 108
38 1915, No.338 437 77 P.S. § 993 109
39 1915, No.338 438 77 P.S. § 994 2141
40 1915, No.338 439 77 P.S. § 995 2142
41 1915, No.338 440 77 P.S. § 996 2101
42 1915, No.338 441(a) 77 P.S. § 997 2123
43 1915, No.338 441(b) 77 P.S. § 997 2124
44 1915, No.338 441(c) 77 P.S. § 997 2125
45 1915, No.338 442 77 P.S. § 998 2102
46 1915, No.338 443(a) 77 P.S. § 999 1954
47 1915, No.338 443(b) 1 par* 77 P.S. § 999 541
48 1915, No.338 443(b) 1 par* 77 P.S. § 999 542(a)
49 1915, No.338 443(b) 1 par* 77 P.S. § 999 542(b)
50 1915, No.338 443(b) 1 par* 77 P.S. § 999 542(c)
51 1915, No.338 443(b) 1 par* 77 P.S. § 999 542(d)
52 1915, No.338 443(b) 1 par* 77 P.S. § 999 543(a)
53 1915, No.338 443(b) 1 par* 77 P.S. § 999 543(b)
54 1915, No.338 443(b) 1 par* 77 P.S. § 999 Obsolete
55 1915, No.338 443(b) 2 par* 77 P.S. § 999 544(a)
56 1915, No.338 443(b) 2 par* 77 P.S. § 999 544(b)
57 1915, No.338 443(b) 2 par* 77 P.S. § 999 544(c)
58 1915, No.338 443(b) 2 par* 77 P.S. § 999 544(d)
59 1915, No.338 443(c)* 77 P.S. § 999 543(c)
19850H1852B2415 - 176 -
1 1915, No.338 443(c)* 77 P.S. § 999 545
2 1915, No.338 443(c)* 77 P.S. § 999 546
3 1915, No.338 443(c)* 77 P.S. § 999 1954
4 1915, No.338 444 77 P.S. § 1000 1770
5 1915, No.338 445 77 P.S. § 1000.1 2143
6 1915, No.338 446(a) 77 P.S. § 1000.2 502
7 1915, No.338 446(b) 77 P.S. § 1000.2 503
8 1915, No.338 446(c)1st par 77 P.S. § 1000.2 505
9 1915, No.338 446(c)2nd par 77 P.S. § 1000.2 504
10 1915, No.338 446(c)3rd par 77 P.S. § 1000.2 506(a)-(c)
11 1915, No.338 446(c)4th par 77 P.S. § 1000.2 507
12 1915, No.338 446(c)5 par* 77 P.S. § 1000.2 506(d)
13 1915, No.338 446(c)5 par* 77 P.S. § 1000.2 508
14 1915, No.338 446(d) 77 P.S. § 1000.2 509
15 1915, No.338 446(e) 77 P.S. § 1000.2 510
16 1915, No.338 446(f) 77 P.S. § 1000.2 511
17 1915, No.338 446(g) 77 P.S. § 1000.2 501
18 1915, No.338 446(h)(i)(j) 77 P.S. § 1000.2 Obsolete
19 1915, No.338 447 77 P.S. § 1000.3 111
20 1915, No.338 501 77 P.S. § 1021 2103
21 1915, No.338 502 77 P.S. § 1022 Obsolete
22 1915, No.338 503 77 P.S. § 1023 Obsolete
23 1915, No.338 601(a) 1st par 77 P.S. § 1031 1142
24 1915, No.338 601(a)(1) 77 P.S. § 1031 1145
25 1915, No.338 601(a)(2) 77 P.S. § 1031 1146
26 1915, No.338 601(a)(3) 77 P.S. § 1031 1147
27 1915, No.338 601(a)(4) 77 P.S. § 1031 1148
28 1915, No.338 601(a)(5) 77 P.S. § 1031 1149
29 1915, No.338 601(a)(6) 77 P.S. § 1031 1150
30 1915, No.338 601(a)(7) 77 P.S. § 1031 1151
31 1915, No.338 601(b) 77 P.S. § 1031 1152
32 1915, No.338 601(c) 77 P.S. § 1031 1153
33 1915, No.338 601(d) 77 P.S. § 1031 1141
34 1915, No.340 1 77 P.S. § 201 4102
35 1915, No.340 2 77 P.S. § 211 4121(a)
36 1915, No.340 3 77 P.S. § 221 4141
37 1915, No.340 4 77 P.S. § 223 4142
38 1915, No.340 5 77 P.S. § 241 4145
39 1915, No.340 6 77 P.S. § 242 4146
40 1915, No.340 7 77 P.S. § 261 4147
41 1915, No.340 8 77 P.S. § 301 Obsolete
42 1915, No.340 9 77 P.S. § 281 4149
43 1915, No.340 10 77 P.S. § 262 4148
44 1915, No.340 11 77 P.S. § 283 4151(a)-(c)
45 1915, No.340 12 77 P.S. § 282 4150
46 1915, No.340 13 77 P.S. § 321 4122(c)
47 1915, No.340 14 77 P.S. § 322 4122(d)
48 1915, No.340 15 1st par 77 P.S. § 323 4122(a)
49 1915, No.340 15 2nd par 77 P.S. § 324 4122(b)
50 1915, No.340 16 77 P.S. § 341 4152
51 1915, No.340 17 77 P.S. § 342 4153
52 1915, No.340 18 77 P.S. § 343 4154
53 1915, No.340 19 77 P.S. § 344 4156
54 1915, No.340 20 77 P.S. § 361 4155
55 1915, No.340 21 77 P.S. § 362 Obsolete
56 1915, No.340 22 77 P.S. § 363 Obsolete
57 1915, No.340 23 77 P.S. § 364 Obsolete
58 1915, No.340 24 1st sen 77 P.S. § 365 4151(a)
59 1915, No.340 24 2nd sen 77 P.S. § 365 Obsolete
19850H1852B2415 - 177 -
1 1915, No.340 25 77 P.S. § 325 4123
2 1917, No.359 1 77 P.S. § 441 110(a)
3 1917, No.359 2 77 P.S. § 442 110(b)
4 1917, No.359 3 77 P.S. § 443 110(c)
5 1919, No.216 1 77 P.S. § 391 Obsolete
6 1919, No.216 2 77 P.S. § 392 Obsolete
7 1919, No.216 3 1-2nd par 77 P.S. § 393 Obsolete
8 1919, No.216 3 3rd par 77 P.S. § 394 Obsolete
9 1919, No.216 4 77 P.S. § 395 Obsolete
10 1919, No.277 4 77 P.S. § 681 Obsolete
11 1919, No.277 5 77 P.S. § 682 Obsolete
12 1919, No.310 1 77 P.S. § 712 Obsolete
13 1919, No.310 2 77 P.S. § 713 Obsolete
14 1919, No.441 23 1st par 77 P.S. § 151 106
15 1919, No.441 23 2-3rd par 77 P.S. § 161 Obsolete
16 1921, No.109 1 77 P.S. § 381 4121(b)
17 1921, No.296 1 77 P.S. § 222 Obsolete
18 1923, No.291 1 1-2nd par 77 P.S. § 224 4143(a)
19 1923, No.291 1 1-2nd par 77 P.S. § 224 4143(c)
20 1923, No.291 1 3rd par 77 P.S. § 224 Obsolete
21 1923, No.291 2 77 P.S. § 302 4151(d)
22 1923, No.291 3 77 P.S. § 303 4143(b)
23 1929, No.175 441 71 P.S. § 151 104(b)-(d)
24 1929, No.175 442 71 P.S. § 152 105(a)-(b)
25 1929, No.175 443 71 P.S. § 153 4121(a)
26 1929, No.175 2208* 71 P.S. § 568 103(1)-(8)
27 1929, No.175 2208(a)* 71 P.S. § 568 104(f)
28 1929, No.175 2211 71 P.S. § 571 Obsolete
29 1929, No.175 2213 71 P.S. § 573 105(c)
30 1933, No. 68 1 77 P.S. § 345 4144(a)
31 1933, No. 68 2 77 P.S. § 346 4144(b)
32 1933, No. 68 3 77 P.S. § 347 4144(c)
33 1933, No.328 1 77 P.S. § 444 Obsolete
34 1933, No.328 2 77 P.S. § 445 Obsolete
35 1933, No.328 3 77 P.S. § 446 Obsolete
36 1933, No.328 4 77 P.S. § 447 Obsolete
37 1933, No.328 5 77 P.S. § 448 Obsolete
38 1933, No.328 6 77 P.S. § 449 Obsolete
39 1933, No.328 7 77 P.S. § 450 Obsolete
40 1937, No.470 1 77 P.S. § 1051 4301
41 1937, No.470 2 77 P.S. § 1052 4302
42 1937, No.470 3* 77 P.S. § 1053 4303(a)-(b)
43 1937, No.470 3 last sen 77 P.S. § 1053 Obsolete
44 1937, No.470 4* 77 P.S. § 1054 4304
45 1937, No.470 4 2nd sen 77 P.S. § 1054 4302
46 1937, No.470 5 77 P.S. § 1055 4305(a)-(b)
47 1937, No.470 9 77 P.S. § 1059 4306
48 1937, No.470 10 1st sen 77 P.S. § 1060 4303(a)
49 1937, No.470 10* 77 P.S. § 1060 4303(c)-(e)
50 1937, No.470 11 77 P.S. § 1061 4307
51 1937, No.470 12 77 P.S. § 1062 4308
52 1937, No.470 13 77 P.S. § 1063 4309
53 1937, No.470 14 77 P.S. § 1064 4303(f)
54 1937, No.470 15 1st par 77 P.S. § 1065 4305(c)
55 1937, No.470 15 2nd par 77 P.S. § 1065 4310
56 1937, No.470 15.1 77 P.S. § 1065.1 Obsolete
57 1937, No.470 16 77 P.S. § 1066 Severability
58 1939, No.284 101-505.1 77 P.S. § 1201-1601.1 Obsolete
59 1939, No.284 301* 77 P.S. § 1401 1771
19850H1852B2415 - 178 -
1 1957, No. 71 1 77 P.S. § 022b 1143
2 1957, No. 71 2 77 P.S. § 022c 1143
3 1961, No.634 1 77 P.S. § 022d 1144
4 1978, No. 53 2(a)(995)* 42 P.S. § 20002(995) 1957(d)
5 1978, No. 53 2(a)(995)* 42 P.S. § 20002(995) 2169
19850H1852B2415 - 179 -
1 DISPOSITION TABLE
2 (Repealed Purdon's Statutes Section to Codified Section)
3 * - part of cited provision only
4 Unofficial Repealed Act Superseding
5 Citation Sess & No. Section Title 77 Prov.
6 42 P.S. § 20002(995) 1978, No. 53 2(a)(995)* 1957(d)
7 42 P.S. § 20002(995) 1978, No. 53 2(a)(995)* 2169
8 43 P.S. § 12 1913, No.408 1 Obsolete
9 43 P.S. § 13 1913, No.408 2 2141(e)
10 43 P.S. § 14 1913, No.408 3 Obsolete
11 43 P.S. § 15 1913, No.408 4 Obsolete
12 43 P.S. § 16 1913, No.408 5 Obsolete
13 71 P.S. § 151 1929, No.175 441 104(b)-(d)
14 71 P.S. § 152 1929, No.175 442 105(a)-(b)
15 71 P.S. § 153 1929, No.175 443 4121(a)
16 71 P.S. § 568 1929, No.175 2208* 103(1)-(8)
17 71 P.S. § 568 1929, No.175 2208(a)* 104(f)
18 71 P.S. § 571 1929, No.175 2211 Obsolete
19 71 P.S. § 573 1929, No.175 2213 105(c)
20 77 P.S. § 1 1915, No.338 101* 1101
21 77 P.S. § 1 1915, No.338 101* 1102
22 77 P.S. § 2 1915, No.338 102 Obsolete
23 77 P.S. § 21 1915, No.338 103 1103
24 77 P.S. § 22 1915, No.338 104 1104
25 77 P.S. § 25 1915, No.338 105 1303(b)
26 77 P.S. § 25 1915, No.338 105 1505(b)
27 77 P.S. § 25.1 1915, No.338 105.1 1105
28 77 P.S. § 25.2 1915, No.338 105.2 1106
29 77 P.S. § 26 1915, No.338 106 1108
30 77 P.S. § 27 1915, No.338 107 102
31 77 P.S. § 27.1 1915, No.338 108 1107
32 77 P.S. § 41 1915, No.338 201 1301
33 77 P.S. § 51 1915, No.338 202 1302
34 77 P.S. § 52 1915, No.338 203 1303(a)
35 77 P.S. § 71 1915, No.338 204 1304
36 77 P.S. § 72 1915, No.338 205 1305
37 77 P.S. § 022b 1957, No. 71 1 1143
38 77 P.S. § 022c 1957, No. 71 2 1143
39 77 P.S. § 022d 1961, No.634 1 1144
40 77 P.S. § 151 1919, No.441 23 1st par 106
41 77 P.S. § 161 1919, No.441 23 2-3rd par Obsolete
42 77 P.S. § 201 1915, No.340 1 4102
43 77 P.S. § 211 1915, No.340 2 4121(a)
44 77 P.S. § 221 1915, No.340 3 4141
45 77 P.S. § 222 1921, No.296 1 Obsolete
46 77 P.S. § 223 1915, No.340 4 4142
47 77 P.S. § 224 1923, No.291 1 1-2nd par 4143(a)
48 77 P.S. § 224 1923, No.291 1 1-2nd par 4143(c)
49 77 P.S. § 224 1923, No.291 1 3rd par Obsolete
50 77 P.S. § 241 1915, No.340 5 4145
51 77 P.S. § 242 1915, No.340 6 4146
52 77 P.S. § 261 1915, No.340 7 4147
53 77 P.S. § 262 1915, No.340 10 4148
54 77 P.S. § 281 1915, No.340 9 4149
55 77 P.S. § 282 1915, No.340 12 4150
56 77 P.S. § 283 1915, No.340 11 4151(a)-(c)
57 77 P.S. § 301 1915, No.340 8 Obsolete
58 77 P.S. § 302 1923, No.291 2 4151(d)
19850H1852B2415 - 180 -
1 77 P.S. § 303 1923, No.291 3 4143(b)
2 77 P.S. § 317 1915, No.338 306.2 522
3 77 P.S. § 321 1915, No.340 13 4122(c)
4 77 P.S. § 322 1915, No.340 14 4122(d)
5 77 P.S. § 323 1915, No.340 15 1st par 4122(a)
6 77 P.S. § 324 1915, No.340 15 2nd par 4122(b)
7 77 P.S. § 325 1915, No.340 25 4123
8 77 P.S. § 341 1915, No.340 16 4152
9 77 P.S. § 342 1915, No.340 17 4153
10 77 P.S. § 343 1915, No.340 18 4154
11 77 P.S. § 344 1915, No.340 19 4156
12 77 P.S. § 345 1933, No. 68 1 4144(a)
13 77 P.S. § 346 1933, No. 68 2 4144(b)
14 77 P.S. § 347 1933, No. 68 3 4144(c)
15 77 P.S. § 361 1915, No.340 20 4155
16 77 P.S. § 362 1915, No.340 21 Obsolete
17 77 P.S. § 363 1915, No.340 22 Obsolete
18 77 P.S. § 364 1915, No.340 23 Obsolete
19 77 P.S. § 365 1915, No.340 24 1st sen 4151(a)
20 77 P.S. § 365 1915, No.340 24 2nd sen Obsolete
21 77 P.S. § 381 1921, No.109 1 4121(b)
22 77 P.S. § 391 1919, No.216 1 Obsolete
23 77 P.S. § 392 1919, No.216 2 Obsolete
24 77 P.S. § 393 1919, No.216 3 1-2nd par Obsolete
25 77 P.S. § 394 1919, No.216 3 3rd par Obsolete
26 77 P.S. § 395 1919, No.216 4 Obsolete
27 77 P.S. § 411 1915, No.338 301(c)(1) 1507
28 77 P.S. § 411 1915, No.338 301(c)(2) 1508
29 77 P.S. § 411.1 1915, No.338 305.1 1511
30 77 P.S. § 411.2 1915, No.338 305.2(a) 1123
31 77 P.S. § 411.2 1915, No.338 305.2(b)(1-3) 1124
32 77 P.S. § 411.2 1915, No.338 305.2(b)2 par 1125
33 77 P.S. § 411.2 1915, No.338 305.2(c)1 par 1126(a)
34 77 P.S. § 411.2 1915, No.338 305.2(c)(1) 1126(b)
35 77 P.S. § 411.2 1915, No.338 305.2(c)(2) 1126(c)
36 77 P.S. § 411.2 1915, No.338 305.2(c)(3)i 1126(d)
37 77 P.S. § 411.2 1915, No.338 305.2(c)(3)ii 1126(e)
38 77 P.S. § 411.2 1915, No.338 305.2(c)(4) 1126(f)
39 77 P.S. § 411.2 1915, No.338 305.2(c)(5) 1126(g)
40 77 P.S. § 411.2 1915, No.338 305.2(d)(1-3) 1121
41 77 P.S. § 411.2 1915, No.338 305.2(d)(4) 1122(a)
42 77 P.S. § 411.2 1915, No.338 305.2(d)(5) 1122(b)
43 77 P.S. § 411.2 1915, No.338 305.2(d)(6) 1121
44 77 P.S. § 412 1915, No.338 301(d) 1510
45 77 P.S. § 413 1915, No.338 301(e) 1509
46 77 P.S. § 421 1915, No.338 301(b) 1506(a)
47 77 P.S. § 431 1915, No.338 301(a) 1501
48 77 P.S. § 441 1917, No.359 1 110(a)
49 77 P.S. § 442 1917, No.359 2 110(b)
50 77 P.S. § 443 1917, No.359 3 110(c)
51 77 P.S. § 444 1933, No.328 1 Obsolete
52 77 P.S. § 445 1933, No.328 2 Obsolete
53 77 P.S. § 446 1933, No.328 3 Obsolete
54 77 P.S. § 447 1933, No.328 4 Obsolete
55 77 P.S. § 448 1933, No.328 5 Obsolete
56 77 P.S. § 449 1933, No.328 6 Obsolete
57 77 P.S. § 450 1933, No.328 7 Obsolete
58 77 P.S. § 461 1915, No.338 302(a) 1504
59 77 P.S. § 462 1915, No.338 302(b) 1505(a)
19850H1852B2415 - 181 -
1 77 P.S. § 463 1915, No.338 302(c) 1110
2 77 P.S. § 481 1915, No.338 303 1502
3 77 P.S. § 484 1915, No.338 304.2 1111
4 77 P.S. § 501 1915, No.338 305* 1503
5 77 P.S. § 501 1915, No.338 305 2nd sen* 1109
6 77 P.S. § 511 1915, No.338 306(a) 1701
7 77 P.S. § 512 1915, No.338 306(b) 1702
8 77 P.S. § 513 1915, No.338 306(c)-(d) 1703
9 77 P.S. § 514 1915, No.338 306(e) 1706
10 77 P.S. § 516 1915, No.338 306.1* 1705
11 77 P.S. § 516 1915, No.338 306.1 3rd par 521
12 77 P.S. § 531 1915, No.338 306(f)(1)* 1742
13 77 P.S. § 531 1915, No.338 306(f)(1-3)* 1743
14 77 P.S. § 531 1915, No.338 306(f)(4)* 1741
15 77 P.S. § 531 1915, No.338 306(f)(4)* 1744(a)
16 77 P.S. § 531 1915, No.338 306(f)(4)* 1744(b)
17 77 P.S. § 531 1915, No.338 306(f)(4)* 1744(c)
18 77 P.S. § 531 1915, No.338 306(f)(4)* 1745
19 77 P.S. § 531 1915, No.338 306(f)(5) 1746
20 77 P.S. § 541 1915, No.338 306(g) 1704
21 77 P.S. § 542 1915, No.338 307 3rd par 1723
22 77 P.S. § 561 1915, No.338 307 1st par 1721
23 77 P.S. § 562 1915, No.338 307 2nd par 1722
24 77 P.S. § 563 1915, No.338 310 1767
25 77 P.S. § 582 1915, No.338 309 1761
26 77 P.S. § 583 1915, No.338 306(h) 1768
27 77 P.S. § 601 1915, No.338 308 1762
28 77 P.S. § 602 1915, No.338 315 1513
29 77 P.S. § 603 1915, No.338 317 1764
30 77 P.S. § 604 1915, No.338 316 1763(a)-(b)
31 77 P.S. § 621 1915, No.338 318 1766
32 77 P.S. § 631 1915, No.338 311 1512(a)-(b)
33 77 P.S. § 631 1915, No.338 311 1512(e)
34 77 P.S. § 632 1915, No.338 312 1512(c)
35 77 P.S. § 633 1915, No.338 313 1512(d)
36 77 P.S. § 651 1915, No.338 314 1748
37 77 P.S. § 671 1915, No.338 319 1765
38 77 P.S. § 672 1915, No.338 320(a)-(f) 1506(b)-(f)
39 77 P.S. § 672 1915, No.338 320(g) Obsolete
40 77 P.S. § 676 1915, No.338 321 1109
41 77 P.S. § 681 1919, No.277 4 Obsolete
42 77 P.S. § 682 1919, No.277 5 Obsolete
43 77 P.S. § 701 1915, No.338 401 1-2 par* 104(a)
44 77 P.S. § 701 1915, No.338 401 1st par* 105(a)
45 77 P.S. § 701 1915, No.338 401 3rd par 102
46 77 P.S. § 701 1915, No.338 401 4-5th par 1901
47 77 P.S. § 710 1915, No.338 401.1* 1902
48 77 P.S. § 710 1915, No.338 401.1 last sen 107(a)
49 77 P.S. § 711 1915, No.338 402 1931
50 77 P.S. § 712 1919, No.310 1 Obsolete
51 77 P.S. § 713 1919, No.310 2 Obsolete
52 77 P.S. § 714 1915, No.338 403 1903
53 77 P.S. § 715 1915, No.338 404 1904
54 77 P.S. § 716 1915, No.338 405 1905
55 77 P.S. § 717 1915, No.338 406 1906
56 77 P.S. § 717.1 1915, No.338 406.1* 1907
57 77 P.S. § 717.1 1915, No.338 406.1 3rd sen 1769
58 77 P.S. § 731 1915, No.338 407 1908
59 77 P.S. § 732 1915, No.338 408 1909
19850H1852B2415 - 182 -
1 77 P.S. § 733 1915, No.338 409 1910
2 77 P.S. § 751 1915, No.338 410 1st par 1935(a)
3 77 P.S. § 751 1915, No.338 410 2nd par 1956
4 77 P.S. § 751 1915, No.338 410 3rd par 1955
5 77 P.S. § 752 1915, No.338 411 1935(b)-(c)
6 77 P.S. § 771 1915, No.338 413(a)1st par 1938(a)
7 77 P.S. § 772 1915, No.338 413(a)2nd par 1938(b)-(g)
8 77 P.S. § 773 1915, No.338 413(a)3rd par 1939
9 77 P.S. § 774 1915, No.338 413(a)4th par 1940
10 77 P.S. § 774.1 1915, No.338 413(b) 1941
11 77 P.S. § 774.2 1915, No.338 413(c) 1942
12 77 P.S. § 775 1915, No.338 414 1932
13 77 P.S. § 791 1915, No.338 412 1763(c)
14 77 P.S. § 801 1915, No.338 421 1937
15 77 P.S. § 802 1915, No.338 417 1934
16 77 P.S. § 821 1915, No.338 416 1933
17 77 P.S. § 831 1915, No.338 420 1st par 1952(a)
18 77 P.S. § 832 1915, No.338 420 2nd par 1952(b)
19 77 P.S. § 833 1915, No.338 418 1943
20 77 P.S. § 834 1915, No.338 422 1st par 1949
21 77 P.S. § 835 1915, No.338 422 2nd par 1950
22 77 P.S. § 835 1915, No.338 422 3rd par 1951
23 77 P.S. § 835 1915, No.338 422 4th par 1747
24 77 P.S. § 836 1915, No.338 422 5th par 107(b)
25 77 P.S. § 851 1915, No.338 415 1936
26 77 P.S. § 852 1915, No.338 419 1948
27 77 P.S. § 853 1915, No.338 423 1st par 1944
28 77 P.S. § 854 1915, No.338 423 2nd par 1945
29 77 P.S. § 855 1915, No.338 424 1946
30 77 P.S. § 856 1915, No.338 425 1947
31 77 P.S. § 871 1915, No.338 426 1957(a)-(c)
32 77 P.S. § 921 1915, No.338 428 1st par 2161
33 77 P.S. § 931 1915, No.338 428 2nd par 2162
34 77 P.S. § 932 1915, No.338 428 3rd par 2163
35 77 P.S. § 933 1915, No.338 428 4th par 2164
36 77 P.S. § 934 1915, No.338 428 5th par 2165
37 77 P.S. § 951 1915, No.338 428 6-7th par 2166
38 77 P.S. § 952 1915, No.338 429 2167
39 77 P.S. § 971 1915, No.338 430(a) 2170
40 77 P.S. § 971 1915, No.338 430(b) 1953
41 77 P.S. § 981 1915, No.338 431 2168
42 77 P.S. § 991 1915, No.338 435(a) 107(a)
43 77 P.S. § 991 1915, No.338 435(b) 2122
44 77 P.S. § 991 1915, No.338 435(c) 104(e)
45 77 P.S. § 991 1915, No.338 435(d) 2121
46 77 P.S. § 991 1915, No.338 435(e) 103(9)
47 77 P.S. § 992 1915, No.338 436 108
48 77 P.S. § 993 1915, No.338 437 109
49 77 P.S. § 994 1915, No.338 438 2141(b)-(d)
50 77 P.S. § 995 1915, No.338 439 2142
51 77 P.S. § 996 1915, No.338 440 2101
52 77 P.S. § 997 1915, No.338 441(a) 2123
53 77 P.S. § 997 1915, No.338 441(b) 2124
54 77 P.S. § 997 1915, No.338 441(c) 2125
55 77 P.S. § 998 1915, No.338 442 2102
56 77 P.S. § 999 1915, No.338 443(a) 1954
57 77 P.S. § 999 1915, No.338 443(b) 1 par* 541
58 77 P.S. § 999 1915, No.338 443(b) 1 par* 542(a)
59 77 P.S. § 999 1915, No.338 443(b) 1 par* 542(b)
19850H1852B2415 - 183 -
1 77 P.S. § 999 1915, No.338 443(b) 1 par* 542(c)
2 77 P.S. § 999 1915, No.338 443(b) 1 par* 542(d)
3 77 P.S. § 999 1915, No.338 443(b) 1 par* 543(a)
4 77 P.S. § 999 1915, No.338 443(b) 1 par* 543(b)
5 77 P.S. § 999 1915, No.338 443(b) 1 par* Obsolete
6 77 P.S. § 999 1915, No.338 443(b) 2 par* 544(a)
7 77 P.S. § 999 1915, No.338 443(b) 2 par* 544(b)
8 77 P.S. § 999 1915, No.338 443(b) 2 par* 544(c)
9 77 P.S. § 999 1915, No.338 443(b) 2 par* 544(d)
10 77 P.S. § 999 1915, No.338 443(c)* 543(c)
11 77 P.S. § 999 1915, No.338 443(c)* 545
12 77 P.S. § 999 1915, No.338 443(c)* 546
13 77 P.S. § 999 1915, No.338 443(c)* 1954
14 77 P.S. § 1000 1915, No.338 444 1770
15 77 P.S. § 1000.1 1915, No.338 445 2143
16 77 P.S. § 1000.2 1915, No.338 446(a) 502
17 77 P.S. § 1000.2 1915, No.338 446(b) 503
18 77 P.S. § 1000.2 1915, No.338 446(c)1st par 505
19 77 P.S. § 1000.2 1915, No.338 446(c)2nd par 504
20 77 P.S. § 1000.2 1915, No.338 446(c)3rd par 506(a)-(c)
21 77 P.S. § 1000.2 1915, No.338 446(c)4th par 507
22 77 P.S. § 1000.2 1915, No.338 446(c)5 par* 506(d)
23 77 P.S. § 1000.2 1915, No.338 446(c)5 par* 508
24 77 P.S. § 1000.2 1915, No.338 446(d) 509
25 77 P.S. § 1000.2 1915, No.338 446(e) 510
26 77 P.S. § 1000.2 1915, No.338 446(f) 511
27 77 P.S. § 1000.2 1915, No.338 446(g) 501
28 77 P.S. § 1000.2 1915, No.338 446(h)(i)(j) Obsolete
29 77 P.S. § 1000.3 1915, No.338 447 111
30 77 P.S. § 1001 1915, No.338 434 1911
31 77 P.S. § 1021 1915, No.338 501 2103
32 77 P.S. § 1022 1915, No.338 502 Obsolete
33 77 P.S. § 1023 1915, No.338 503 Obsolete
34 77 P.S. § 1031 1915, No.338 601(a) 1st par 1142
35 77 P.S. § 1031 1915, No.338 601(a)(1) 1145
36 77 P.S. § 1031 1915, No.338 601(a)(2) 1146
37 77 P.S. § 1031 1915, No.338 601(a)(3) 1147
38 77 P.S. § 1031 1915, No.338 601(a)(4) 1148
39 77 P.S. § 1031 1915, No.338 601(a)(5) 1149
40 77 P.S. § 1031 1915, No.338 601(a)(6) 1150
41 77 P.S. § 1031 1915, No.338 601(a)(7) 1151
42 77 P.S. § 1031 1915, No.338 601(b) 1152
43 77 P.S. § 1031 1915, No.338 601(c) 1153
44 77 P.S. § 1031 1915, No.338 601(d) 1141
45 77 P.S. § 1051 1937, No.470 1 4301
46 77 P.S. § 1052 1937, No.470 2 4302
47 77 P.S. § 1053 1937, No.470 3* 4303(a)-(b)
48 77 P.S. § 1053 1937, No.470 3 last sen Obsolete
49 77 P.S. § 1054 1937, No.470 4* 4304
50 77 P.S. § 1054 1937, No.470 4 2nd sen 4302
51 77 P.S. § 1055 1937, No.470 5 4305(a)-(b)
52 77 P.S. § 1059 1937, No.470 9 4306
53 77 P.S. § 1060 1937, No.470 10 1st sen 4303(a)
54 77 P.S. § 1060 1937, No.470 10* 4303(c)-(e)
55 77 P.S. § 1061 1937, No.470 11 4307
56 77 P.S. § 1062 1937, No.470 12 4308
57 77 P.S. § 1063 1937, No.470 13 4309
58 77 P.S. § 1064 1937, No.470 14 4303(f)
59 77 P.S. § 1065 1937, No.470 15 1st par 4305(c)
19850H1852B2415 - 184 -
1 77 P.S. § 1065 1937, No.470 15 2nd par 4310
2 77 P.S. § 1065.1 1937, No.470 15.1 Obsolete
3 77 P.S. § 1066 1937, No.470 16 Severability
4 77 P.S. § 1201-1601.1 1939, No. 284 101-505.1 Obsolete
5 77 P.S. § 1401 1939, No.284 301* 1771
J10L77DGS/19850H1852B2415 - 185 -