PRINTER'S NO. 632
No. 565 Session of 2007
INTRODUCED BY M. O'BRIEN, SOLOBAY, KENNEY, W. KELLER, BELFANTI,
BLACKWELL, CALTAGIRONE, COHEN, CREIGHTON, CRUZ, CURRY,
FREEMAN, GEORGE, GERGELY, GODSHALL, JAMES, JOSEPHS, KIRKLAND,
PALLONE, PARKER, READSHAW, STABACK, J. TAYLOR, WALKO,
YOUNGBLOOD AND SIPTROTH, MARCH 6, 2007
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 6, 2007
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," further providing for burden of proof
8 in workers' compensation cases.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 416 of the act of June 2, 1915 (P.L.736,
12 No.338), known as the Workers' Compensation Act, reenacted and
13 amended June 21, 1939 (P.L.520, No.281) and amended June 24,
14 1996 (P.L.360, No.57), is amended to read:
15 Section 416. Within twenty days after a copy of any claim
16 petition or other petition has been served upon an adverse
17 party, he may file with the department or its workers'
18 compensation judge an answer in the form prescribed by the
19 department.
1 In an action for denial, termination or suspension of
2 compensation, the employer has the burden of proving that the
3 employe is not entitled to compensation. Every fact alleged in a
4 claim petition not specifically denied by an answer so filed by
5 an adverse party shall be deemed to be admitted by him. But the
6 failure of any party or of all of them to deny a fact alleged in
7 any other petition shall not preclude the workers' compensation
8 judge before whom the petition is heard from requiring, of his
9 own motion, proof of such fact. If a party fails to file an
10 answer and/or fails to appear in person or by counsel at the
11 hearing without adequate excuse, the workers' compensation judge
12 hearing the petition shall decide the matter on the basis of the
13 petition and evidence presented.
14 Section 2. All acts and parts of acts are repealed insofar
15 as they are inconsistent with this act.
16 Section 3. This act shall take effect in 60 days.
A26L77AJM/20070H0565B0632 - 2 -