PRINTER'S NO. 1833
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1643
Session of
2021
INTRODUCED BY WHITE, JUNE 16, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JUNE 16, 2021
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 providing for compensation in case of
death.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 307 of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, is amended to
read:
Section 307. (a) In case of death, compensation shall be
computed on the following basis, and distributed to the
following persons: Provided, That in no case shall the wages of
the deceased be taken to be less than fifty per centum of the
Statewide average weekly wage for purposes of this section:
(1) If there be no widow nor widower entitled to
compensation, compensation shall be paid to the guardian of the
child or children, or, if there be no guardian, to such other
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persons as may be designated by the board as hereinafter
provided as follows:
[(a)] (i) If there be one child, thirty-two per centum of
wages of deceased, but not in excess of the Statewide average
weekly wage.
[(b)] (ii) If there be two children, forty-two per centum of
wages of deceased, but not in excess of the Statewide average
weekly wage.
[(c)] (iii) If there be three children, fifty-two per centum
of wages of deceased, but not in excess of the Statewide average
weekly wage.
[(d)] (iv) If there be four children, sixty-two per centum
of wages of deceased, but not in excess of the Statewide average
weekly wage.
[(e)] (v) If there be five children, sixty-four per centum
of wages of deceased, but not in excess of the Statewide average
weekly wage.
[(f)] (vi) If there be six or more children, sixty-six and
two-thirds per centum of wages of deceased, but not in excess of
the Statewide average weekly wage.
The amounts payable under [(b), (c), (d), (e) and (f)] (ii),
(iii), (iv), (v) and (vi) of clause (1) of this [section]
subsection shall be divided equally among the children if those
children are with different guardians.
(2) To the widow or widower, if there be no children, fifty-
one per centum of wages, but not in excess of the Statewide
average weekly wage.
(3) To the widow or widower who is the guardian of all of
the deceased's children, payment shall be as follows:
[(a)] (i) If there is one child, sixty per centum of wages,
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but not in excess of the Statewide average weekly wage.
[(b)] (ii) If there are two or more children, sixty-six and
two-thirds per centum of wages, but not in excess of the
Statewide average weekly wage.
(4) If there is a widow or widower who is not the guardian
of all of the deceased's children, the widow or widower and to
the respective guardians as follows:
[(a)] (i) If there is one child, a total of sixty per centum
of wages, but not in excess of the Statewide average weekly
wage, to be divided equally between the widow or widower and the
child.
[(b)] (ii) If there are two or more children, a total of
sixty-six and two-thirds per centum of wages, but not in excess
of the Statewide average weekly wage, to be divided as follows:
thirty-three and one-third per centum to the widow or widower
and the remainder to be divided equally among the children.
(5) If there be neither widow, widower, nor children
entitled to compensation, then to the father or mother, if
dependent to any extent upon the employe at the time of the
injury, thirty-two per centum of wages but not in excess of the
Statewide average weekly wage: Provided, however, That in the
case of a minor child who has been contributing to his parents,
the dependency of said parents shall be presumed: And provided
further, That if the father or mother was totally dependent upon
the deceased employe at the time of the injury, the compensation
payable to such father or mother shall be fifty-two per centum
of wages, but not in excess of the Statewide average weekly
wage.
(6) If there be neither widow, widower, children, nor
dependent parent, entitled to compensation, then to the brothers
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and sisters, if actually dependent upon the decedent for support
at the time of his death, twenty-two per centum of wages for one
brother or sister, and five per centum additional for each
additional brother or sister, with a maximum of thirty-two per
centum of wages of deceased, but not in excess of the Statewide
average wage, such compensation to be paid to their guardian, or
if there be no guardian, to such other person as may be
designated by the board, as hereinafter provided.
(7) Whether or not there be dependents as aforesaid, the
reasonable expense of burial, not exceeding seven thousand
dollars ($7,000), which shall be paid by the employer or insurer
directly to the undertaker (without deduction of any amounts
theretofore paid for compensation or for medical expenses).
(b) Compensation shall be payable under this section to or
on account of any child, brother, or sister, only if and while
such child, brother, or sister, is under the age of eighteen
unless such child, brother or sister is dependent because of
disability when compensation shall continue or be paid during
such disability of a child, brother or sister over eighteen
years of age or unless such child is enrolled as a full-time
student in any accredited educational institution when
compensation shall continue until such student becomes twenty-
three. No compensation shall be payable under this section to a
widow or widower, unless [she] the widow or widower was living
with [her deceased husband] the widow's or widower's deceased
spouse at the time of [his] the spouse's death, or was then
actually dependent upon [him] and receiving from [him] the
spouse a substantial portion of [her] support. [No compensation
shall be payable under this section to a widower, unless he be
incapable of self-support at the time of his wife's death and be
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at such time dependent upon her for support.] If members of
decedent's household at the time of his death, the terms "child"
and "children" shall include step-children, adopted children and
children to whom he stood in loco parentis, and children of the
deceased and shall include posthumous children. Should any
dependent of a deceased employe die or remarry, or should the
widower become capable of self-support, the right of such
dependent or widower to compensation under this section shall
cease except that if a widow remarries, she shall receive one
hundred four weeks compensation at a rate computed in accordance
with clause (2) of subsection (a) in a lump sum after which
compensation shall cease: Provided, however, That if, upon
investigation and hearing, it shall be ascertained that the
widow or widower is [living with a man or woman, as the case may
be, in meretricious relationship and not married, or the widow]
living a life of prostitution, the board may order the
termination of compensation payable to such widow or widower. If
the compensation payable under this section to any person shall,
for any cause, cease, the compensation to the remaining persons
entitled thereunder shall thereafter be the same as would have
been payable to them had they been the only persons entitled to
compensation at the time of the death of the deceased.
(c) The board may, if the best interest of a child or
children shall so require, at any time order and direct the
compensation payable to a child or children, or to a widow or
widower on account of any child or children, to be paid to the
guardian of such child or children, or, if there be no guardian,
to such other person as the board as hereinafter provided may
direct. If there be no guardian or committee of any minor,
dependent, or insane employe, or dependent, on whose account
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compensation is payable, the amount payable on account of such
minor, dependent, or insane employe, or dependent may be paid to
any surviving parent, or such other person as the board may
order and direct, and the board may require any person, other
than a guardian or committee, to whom it has directed
compensation for a minor, dependent, or insane employe, or
dependent to be paid, to render, as and when it shall so order,
accounts of the receipts and disbursements of such person, and
to file with it a satisfactory bond in a sum sufficient to
secure the proper application of the moneys received by such
person.
Section 2. The amendment of section 307 of the act shall
apply to all claims arising on or after the effective date of
this section.
Section 3. This act shall take effect in 60 days.
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