PRINTER'S NO. 2101
No. 1769 Session of 1981
INTRODUCED BY DAIKELER, GLADECK, SAURMAN, KENNEDY, JACKSON AND
MACKOWSKI, JULY 21, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, JULY 21, 1981
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," providing for a reduction of benefits
8 in cases where an employe receives benefits under other laws.
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 309.1. (a) In cases where it is determined that
16 periodic disability benefits are payable to an employe pursuant
17 to this act and such employe is also receiving benefits pursuant
18 to 42 U.S.C., § 423 or the workmen's compensation laws of
19 another state arising from the same injury or injuries as the
20 claim in this Commonwealth, the aggregate benefits payable for
1 temporary partial, temporary total, permanent partial, or
2 permanent total disability shall be reduced, but not below zero,
3 by an amount to which the combined benefits exceed:
4 (1) eighty per centum of the employe's average weekly wages;
5 or
6 (2) the total benefits due to such employe under 42 U.S.C. §
7 423 or the workmen's compensation laws, whichever is greater.
8 (b) Compensation shall be paid during the temporary partial,
9 temporary total, permanent partial, or permanent total
10 disability of an employe, but if such employe becomes eligible
11 for benefits under 42 U.S.C. § 402 or other old-age and/or
12 survivor's insurance benefits, such compensation shall be
13 reduced by an amount, but not below zero, of combined benefits
14 that exceed:
15 (1) eighty per centum of the individual's average weekly
16 wages; or
17 (2) the total benefits due to such employe under 42 U.S.C. §
18 402 or other old-age benefits, or the workmen's compensation
19 laws in this Commonwealth, whichever is greater.
20 Section 2. This act shall take effect in 60 days.
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