See other bills
under the
same topic
PRINTER'S NO. 1507
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1052
Session of
2018
INTRODUCED BY WARD, GORDNER, MENSCH, FOLMER, VULAKOVICH, REGAN
AND RESCHENTHALER, FEBRUARY 22, 2018
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 22, 2018
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
act defining the liability of an employer to pay damages for
injuries received by an employe in the course of employment;
establishing an elective schedule of compensation; providing
procedure for the determination of liability and compensation
thereunder; and prescribing penalties," in liability and
compensation, further defining "injury" and "personal
injury"; providing for diseases with long latency periods
between occupational exposure and manifestation of the
disease; and further providing for liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301(c)(1) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act, is
amended and the section is amended by adding a subsection to
read:
Section 301. * * *
(c) (1) The terms "injury" and "personal injury," as used
in this act, shall be construed to mean an injury to an employe,
regardless of his previous physical condition, except as
provided under [subsection] subsections (f) and (g), arising in
the course of his employment and related thereto, and such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
disease or infection as naturally results from the injury or is
aggravated, reactivated or accelerated by the injury; and
wherever death is mentioned as a cause for compensation under
this act, it shall mean only death resulting from such injury
and its resultant effects, and occurring within three hundred
weeks after the injury. The term "injury arising in the course
of his employment," as used in this article, shall not include
an injury caused by an act of a third person intended to injure
the employe because of reasons personal to him, and not directed
against him as an employe or because of his employment; nor
shall it include injuries sustained while the employe is
operating a motor vehicle provided by the employer if the
employe is not otherwise in the course of employment at the time
of injury; but shall include all other injuries sustained while
the employe is actually engaged in the furtherance of the
business or affairs of the employer, whether upon the employer's
premises or elsewhere, and shall include all injuries caused by
the condition of the premises or by the operation of the
employer's business or affairs thereon, sustained by the
employe, who, though not so engaged, is injured upon the
premises occupied by or under the control of the employer, or
upon which the employer's business or affairs are being carried
on, the employe's presence thereon being required by the nature
of his employment.
* * *
(g) (1) Notwithstanding the limitation under subsection (c)
(2) with respect to disability or death resulting from an
occupational disease having to occur within three hundred weeks
after the last date of employment in an occupation or industry
to which a claimant was exposed to the hazards of disease,
20180SB1052PN1507 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
claims filed for any disease for which the time period between
exposure to the hazard of disease in the workplace and
manifestation of disease is greater than three hundred weeks
must be filed within three hundred weeks of the date on which a
claimant is diagnosed with the disease or the disease is
detectable. It shall be a claimant's burden to prove that the
disease for which compensation is sought has a latency period of
more than three hundred weeks.
(2) This subsection shall not apply to claims filed under
section 108(r).
Section 2. Section 303 of the act is amended by adding a
clause to read:
Section 303. * * *
(c) This act provides the exclusive remedy for any injury or
disease that may arise out of hazardous occupational exposure,
whether the disease is compensable as an occupational disease or
not.
Section 3. The date of loss for claims filed pursuant to
section 301(g) of the act shall be the last date of injurious
occupational exposure to the hazard.
Section 4. The provisions of this act shall be applied
retroactively to the date on which the last injurious exposure
occurred. As a result, any claim filed on or after the effective
date of this section may be based on hazardous occupational
exposure that occurred prior to the effective date of this
section.
Section 5. This act shall take effect immediately.
20180SB1052PN1507 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27