PRINTER'S NO. 847
No. 63 Session of 2001
INTRODUCED BY GEORGE, BEBKO-JONES, BELARDI, BELFANTI, BUTKOVITZ,
CALTAGIRONE, CAPPABIANCA, CORRIGAN, DeWEESE, FREEMAN,
GRUCELA, HARHAI, HENNESSEY, HORSEY, JOSEPHS, KENNEY, LEDERER,
McCALL, McILHATTAN, MELIO, MYERS, READSHAW, SCRIMENTI,
SHANER, SOLOBAY, STABACK, STEELMAN, TANGRETTI, THOMAS, TIGUE,
TRELLO, WALKO, WASHINGTON, WOJNAROSKI, YOUNGBLOOD, YUDICHAK
AND MANDERINO, FEBRUARY 14, 2001
REFERRED TO COMMITTEE ON RULES, FEBRUARY 14, 2001
A RESOLUTION
1 Directing the Legislative Budget and Finance Committee to
2 conduct a comprehensive review and evaluation of the
3 financial feasibility of expanding the scope of the Workers'
4 Compensation Security Fund Act and to explore alternative
5 funding mechanisms to provide for emergency workers'
6 compensation for injured workers who are left without
7 benefits because their employers were uninsured at the time
8 of the injury and to determine the extent to which employers
9 who fail to carry coverage are investigated and prosecuted
10 within this Commonwealth.
11 WHEREAS, The act of June 2, 1915 (P.L.736, No.338), known as
12 the Workers' Compensation Act, requires most employers in
13 Pennsylvania to carry workers' compensation coverage for all of
14 their workers, including seasonal and part-time workers; and
15 WHEREAS, Some employers fail to carry such coverage as
16 mandated by law, leaving their workers without workers'
17 compensation protection; and
18 WHEREAS, Some workers' compensation carriers fail to place a
19 policy into effect upon the request of an employer; and
1 WHEREAS, Some injured workers with valid claims are left
2 without benefits for a considerable length of time or may never
3 be able to collect benefits or damages because their employer
4 becomes insolvent or the carrier is not held liable; and
5 WHEREAS, The Workers' Compensation Security Fund was
6 established by the act of July 1, 1937 (P.L.2532, No.470), known
7 as the Workers' Compensation Security Fund Act, for the purpose
8 of assuring the compensation provided by the Workers'
9 Compensation Act to persons whose employers were insured by
10 insolvent stock companies, insolvent mutual carriers, insolvent
11 reciprocal exchanges or the State Workers' Insurance Fund; and
12 WHEREAS, The scope of the Workers' Compensation Security Fund
13 Act could be expanded to ensure that injured workers with valid
14 claims are provided with emergency benefits; and
15 WHEREAS, It is imperative that those employers who are in
16 violation of the Workers' Compensation Act are properly
17 investigated and prosecuted to assure that there is a necessary
18 deterrent for potential violations of the Workers' Compensation
19 Act by any employer within this Commonwealth; therefore be it
20 RESOLVED, That the Legislative Budget and Finance Committee
21 be directed to conduct a comprehensive review and evaluation of
22 the financial feasibility of expanding the scope of the Workers'
23 Compensation Security Fund Act and to explore alternative
24 funding mechanisms to provide for emergency workers'
25 compensation for injured workers with valid claims whose
26 employers were not insured at the time of the injury; and be it
27 further
28 RESOLVED, That its report include recommendations on the
29 development of a procedure whereby injured workers would be
30 required to reimburse the Workers' Compensation Security Fund
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1 should they later receive benefits or damages; and be it further
2 RESOLVED, That its report include a determination about the
3 extent to which employers in possible violation of the Workers'
4 Compensation Act are investigated and prosecuted in this
5 Commonwealth; and be it further
6 RESOLVED, That the Legislative Budget and Finance Committee
7 report to the House of Representatives its findings and
8 recommendations by no later than November 15, 2001.
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