PRINTER'S NO. 2081
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1837
Session of
2021
INTRODUCED BY IRVIN, JAMES, KEEFER, PICKETT AND ROWE,
SEPTEMBER 2, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 2, 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 procedure, further
providing for compromise and release.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 449(c) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act, is
amended to read:
Section 449. * * *
(c) Every compromise and release by stipulation shall be in
writing and duly executed, and the signature of the employe,
widow or widower or dependent shall be attested by two witnesses
or acknowledged before a notary public. However, the attestation
by two witnesses or acknowledgment before a notary public shall
not be required if the employe, widow or widower or dependent
personally appears before the workers' compensation judge under
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subsection (b) and provides a sworn oral statement that he or
she understands the full legal significance of the agreement.
The document shall specify:
(1) the date of the injury or occupational disease;
(2) the average weekly wage of the employe as calculated
under section 309;
(3) the injury, the nature of the injury and the nature of
disability, whether total or partial;
(4) the weekly compensation rate paid or payable;
(5) the amount paid or due and unpaid to the employe or
dependent up to the date of the stipulation or agreement or
death and the amount of the payment of disability benefits then
or thereafter to be made;
(6) the length of time such payment of benefits is to
continue;
(7) in the event of a lien for subrogation under section
319, the total amount of compensation paid or payable which
should be allowed to the employer or insurer;
(8) in the case of death:
(i) the date of death;
(ii) the name of the widow or widower;
(iii) the names and ages of all children;
(iv) the names of all other dependents; and
(v) the amount paid or to be paid under section 307 and to
whom payment is to be made;
(9) a listing of all benefits received or available to the
claimant;
(10) a disclosure of the issues of the case and the reasons
why the parties are agreeing to the agreement; and
(11) the fact that the claimant is represented by an
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attorney of his or her own choosing or that the claimant has
been specifically informed of the right to representation by an
attorney of his or her own choosing and has declined such
representation.
* * *
Section 2. This act shall take effect in 60 days.
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