PRINTER'S NO. 1236
No. 1105 Session of 1979
INTRODUCED BY VROON, DAWIDA, F. TAYLOR, CORNELL, PITTS AND
E. R. LYNCH, APRIL 30, 1979
REFERRED TO COMMITTEE ON INSURANCE, APRIL 30, 1979
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
2 act defining the liability of an employer to pay damages for
3 injuries received by an employe in the course of employment;
4 establishing an elective schedule of compensation; providing
5 procedure for the determination of liability and compensation
6 thereunder; and prescribing penalties," providing for the
7 introduction of evidence of an employe's smoking habits, and
8 for the mitigation of awards.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The act of June 2, 1915 (P.L.736, No.338), known
12 as "The Pennsylvania Workmen's Compensation Act," reenacted and
13 amended June 21, 1939 (P.L.520, No.281), is amended by adding a
14 section to read:
15 Section 448. (a) A defendant in any claim for compensation
16 for occupational disease as defined in section 108 may introduce
17 testimony or other evidence of the past or present smoking
18 habits of the employe, at any hearing before a referee.
19 (b) The referee shall, in his decision, make specific
20 findings of fact as to the amount the employe smokes, or has
21 smoked, the period over which the habit was maintained, and the
1 contribution of smoking to the employe's physical impairment.
2 (c) Notwithstanding any provision of this act, the referee
3 may reduce the rate of compensation payable if he finds that the
4 employe's disability or death was in any way attributable to
5 smoking. Such reduction shall be in proportion to the
6 contribution that smoking has made to the employe's disability
7 or death.
8 Section 2. This act shall take effect in 60 days and shall
9 apply to claim petitions filed on and after that date.
C21L65DGS/19790H1105B1236 - 2 -