PRIOR PRINTER'S NOS. 3304, 3652 PRINTER'S NO. 3814
No. 2365 Session of 2002
INTRODUCED BY LEDERER, McGEEHAN, WATSON, READSHAW, BEBKO-JONES,
ROONEY, LAUGHLIN, PRESTON, PALLONE, SHANER, MELIO,
CALTAGIRONE, STABACK, PISTELLA, KIRKLAND, HENNESSEY,
YOUNGBLOOD, DALEY, JOSEPHS, ROBINSON, CRUZ, HORSEY, HARHAI,
WASHINGTON, BUTKOVITZ, J. TAYLOR, SOLOBAY, SAMUELSON, GEORGE
AND J. WILLIAMS, FEBRUARY 12, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 1, 2002
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 DEFINING "OCCUPATIONAL <--
8 DISEASE"; PROVIDING FOR CANCER IN THE OCCUPATION OF
9 FIREFIGHTER; AND further providing for the payment of
10 compensation to widows, widowers and children.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 307 of the act of June 2, 1915 (P.L.736, <--
14 No.338), known as the Workers' Compensation Act, reenacted and
15 amended June 21, 1939 (P.L.520, No.281) and amended July 2, 1993
16 (P.L.190, No.44), is amended to read:
17 SECTION 1. SECTION 108 OF THE ACT OF JUNE 2, 1915 (P.L.736, <--
18 NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT, REENACTED AND
19 AMENDED JUNE 21, 1939 (P.L.520, NO.281), IS AMENDED BY ADDING A
1 CLAUSE TO READ:
2 SECTION 108. THE TERM "OCCUPATIONAL DISEASE," AS USED IN
3 THIS ACT, SHALL MEAN ONLY THE FOLLOWING DISEASES.
4 * * *
5 (R) CANCER, RESULTING IN EITHER TEMPORARY OR PERMANENT TOTAL
6 OR PARTIAL DISABILITY OR DEATH, AFTER FOUR YEARS OR MORE OF
7 SERVICE IN FIREFIGHTING FOR THE BENEFIT OR SAFETY OF THE PUBLIC,
8 CAUSED BY EXPOSURE TO HEAT, SMOKE, FUMES OR GASSES, ARISING
9 DIRECTLY OUT OF THE EMPLOYMENT OF ANY SUCH FIREFIGHTER.
10 SECTION 2. SECTION 301(C) OF THE ACT IS AMENDED BY ADDING A
11 PARAGRAPH TO READ:
12 SECTION 301. * * *
13 (C) * * *
14 (3) THE LIMITATIONS OF PARAGRAPH (2) SHALL NOT APPLY IN THE
15 CASE OF CANCER IN THE OCCUPATION OF FIREFIGHTER. THE EMPLOYER
16 SHALL HAVE THE BURDEN OF PROVING THAT THE FIREFIGHTER'S
17 OCCUPATION WAS NOT A MAJOR CONTRIBUTING CAUSE OF THE
18 FIREFIGHTER'S LUNG CARCINOMA.
19 SECTION 3. SECTION 307 OF THE ACT, AMENDED JULY 2, 1993
20 (P.L.190, NO.44), IS AMENDED TO READ:
21 Section 307. In case of death, compensation shall be
22 computed on the following basis, and distributed to the
23 following persons: Provided, That in no case shall the wages of
24 the deceased be taken to be less than fifty per centum of the
25 Statewide average weekly wage for purposes of this section:
26 [1.] (1) If there be no widow nor widower entitled to
27 compensation, compensation shall be paid to the guardian of the
28 child or children, or, if there be no guardian, to such other
29 persons as may be designated by the board as hereinafter
30 provided as follows:
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1 (a) If there be one child, thirty-two per centum of wages of
2 deceased, but not in excess of the Statewide average weekly
3 wage.
4 (b) If there be two children, forty-two per centum of wages
5 of deceased, but not in excess of the Statewide average weekly
6 wage.
7 (c) If there be three children, fifty-two per centum of
8 wages of deceased, but not in excess of the Statewide average
9 weekly wage.
10 (d) If there be four children, sixty-two per centum of wages
11 of deceased, but not in excess of the Statewide average weekly
12 wage.
13 (e) If there be five children, sixty-four per centum of
14 wages of deceased, but not in excess of the Statewide average
15 weekly wage.
16 (f) If there be six or more children, sixty-six and two-
17 thirds per centum of wages of deceased, but not in excess of the
18 Statewide average weekly wage.
19 The amounts payable under clauses (b), (c), (d), (e) and (f)
20 shall be divided equally among the children if those children
21 are with different guardians.
22 [2.] (2) To the widow or widower, if there be no children,
23 fifty-one per centum of wages, but not in excess of the
24 Statewide average weekly wage.
25 [3. To the widow or widower, if there be one child, sixty
26 per centum of wages, but not in excess of the Statewide average
27 weekly wage.
28 4. To the widow or widower, if there be two children, sixty-
29 six and two-thirds per centum of wages but not in excess of the
30 Statewide average weekly wage.
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1 4 1/2. To the widow or widower, if there be three or more
2 children, sixty-six and two thirds per centum of wages, but not
3 in excess of the Statewide average weekly wage.
4 5.] (3) To the widow or widower who is the guardian of all
5 of the deceased's children, payment shall be as follows:
6 (a) If there is one child, sixty per centum of wages, but
7 not in excess of the Statewide average weekly wage.
8 (b) If there are two or more children, sixty-six and two-
9 thirds per centum of wages, but not in excess of the Statewide
10 average weekly wage.
11 (4) If there is a widow or widower who is not the guardian
12 of all of the deceased's children, the widow or widower and to
13 the respective guardians as follows:
14 (a) If there is one child, a total of sixty per centum of
15 wages, but not in excess of the Statewide average weekly wage,
16 to be divided equally between the widow or widower and the
17 child.
18 (b) If there are two or more children, a total of sixty-six
19 and two-thirds per centum of wages, but not in excess of the
20 Statewide average weekly wage, to be divided as follows: thirty-
21 three and one-third per centum to the widow or widower and the
22 remainder to be divided equally among the children.
23 (5) If there be neither widow, widower, nor children
24 entitled to compensation, then to the father or mother, if
25 dependent to any extent upon the employe at the time of the
26 injury, thirty-two per centum of wages but not in excess of the
27 Statewide average weekly wage: Provided, however, That in the
28 case of a minor child who has been contributing to his parents,
29 the dependency of said parents shall be presumed: And provided
30 further, That if the father or mother was totally dependent upon
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1 the deceased employe at the time of the injury, the compensation
2 payable to such father or mother shall be fifty-two per centum
3 of wages, but not in excess of the Statewide average weekly
4 wage.
5 [6.] (6) If there be neither widow, widower, children, nor
6 dependent parent, entitled to compensation, then to the brothers
7 and sisters, if actually dependent upon the decedent for support
8 at the time of his death, twenty-two per centum of wages for one
9 brother or sister, and five per centum additional for each
10 additional brother or sister, with a maximum of thirty-two per
11 centum of wages of deceased, but not in excess of the Statewide
12 average wage, such compensation to be paid to their guardian, or
13 if there be no guardian, to such other person as may be
14 designated by the board, as hereinafter provided.
15 [7.] (7) Whether or not there be dependents as aforesaid,
16 the reasonable expense of burial, not exceeding three thousand
17 dollars ($3,000), which shall be paid by the employer or insurer
18 directly to the undertaker (without deduction of any amounts
19 theretofore paid for compensation or for medical expenses).
20 Compensation shall be payable under this section to or on
21 account of any child, brother, or sister, only if and while such
22 child, brother, or sister, is under the age of eighteen unless
23 such child, brother or sister is dependent because of disability
24 when compensation shall continue or be paid during such
25 disability of a child, brother or sister over eighteen years of
26 age or unless such child is enrolled as a full-time student in
27 any accredited educational institution when compensation shall
28 continue until such student becomes twenty-three. No
29 compensation shall be payable under this section to a widow,
30 unless she was living with her deceased husband at the time of
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1 his death, or was then actually dependent upon him and receiving
2 from him a substantial portion of her support. No compensation
3 shall be payable under this section to a widower, unless he be
4 incapable of self-support at the time of his wife's death and be
5 at such time dependent upon her for support. If members of
6 decedent's household at the time of his death, the terms "child"
7 and "children" shall include step-children, adopted children and
8 children to whom he stood in loco parentis, and children of the
9 deceased and shall include posthumous children. Should any
10 dependent of a deceased employe die or remarry, or should the
11 widower become capable of self-support, the right of such
12 dependent or widower to compensation under this section shall
13 cease except that if a widow remarries, she shall receive one
14 hundred four weeks compensation at a rate computed in accordance
15 with clause 2. of section 307 in a lump sum after which
16 compensation shall cease: Provided, however, That if, upon
17 investigation and hearing, it shall be ascertained that the
18 widow or widower is living with a man or woman, as the case may
19 be, in meretricious relationship and not married, or the widow
20 living a life of prostitution, the board may order the
21 termination of compensation payable to such widow or widower. If
22 the compensation payable under this section to any person shall,
23 for any cause, cease, the compensation to the remaining persons
24 entitled thereunder shall thereafter be the same as would have
25 been payable to them had they been the only persons entitled to
26 compensation at the time of the death of the deceased.
27 The board may, if the best interest of a child or children
28 shall so require, at any time order and direct the compensation
29 payable to a child or children, or to a widow or widower on
30 account of any child or children, to be paid to the guardian of
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1 such child or children, or, if there be no guardian, to such
2 other person as the board as hereinafter provided may direct. If
3 there be no guardian or committee of any minor, dependent, or
4 insane employe, or dependent, on whose account compensation is
5 payable, the amount payable on account of such minor, dependent,
6 or insane employe, or dependent may be paid to any surviving
7 parent, or such other person as the board may order and direct,
8 and the board may require any person, other than a guardian or
9 committee, to whom it has directed compensation for a minor,
10 dependent, or insane employe, or dependent to be paid, to
11 render, as and when it shall so order, accounts of the receipts
12 and disbursements of such person, and to file with it a
13 satisfactory bond in a sum sufficient to secure the proper
14 application of the moneys received by such person.
15 Section 2. This act 4. THE AMENDMENT OF SECTION 307 shall <--
16 apply to all claims arising on or after the effective date of
17 this act.
18 SECTION 5. THE AMENDMENT OF SECTIONS 108 AND 301(C) OF THE <--
19 ACT SHALL BE RETROACTIVE TO JANUARY 1, 1989.
20 Section 3 6. This act shall take effect immediately. <--
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