PRINTER'S NO. 3663
No. 2553 Session of 2002
INTRODUCED BY SCRIMENTI, BELFANTI, GEORGE, GRUCELA, PISTELLA,
DALEY, LAUGHLIN, FREEMAN, J. WILLIAMS, THOMAS, SOLOBAY,
MELIO, JAMES, BEBKO-JONES, TANGRETTI, WASHINGTON, TRELLO,
SHANER, CRUZ AND HORSEY, APRIL 11, 2002
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 11, 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 "injury," "personal
8 injury" and "injury arising in the course of his employment."
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 301(c)(2) of the act of June 2, 1915
12 (P.L.736, No.338), known as the Workers' Compensation Act,
13 reenacted and amended June 21, 1939 (P.L.520, No.281) and
14 amended December 5, 1974 (P.L.782, No.263), is amended to read:
15 Section 301. * * *
16 (c) * * *
17 (2) The terms "injury," "personal injury," and "injury
18 arising in the course of his employment," as used in this act,
19 shall include, unless the context clearly requires otherwise,
20 occupational disease as defined in section 108 of this act:
1 Provided, That whenever occupational disease is the basis for
2 compensation, for disability or death under this act, it shall
3 apply only to disability or death resulting from such disease
4 and, except for occupational diseases under section 108,
5 subsection (l), occurring within three hundred weeks after the
6 last date of employment in an occupation or industry to which he
7 was exposed to hazards of such disease: And provided further,
8 That if the employe's compensable disability has occurred within
9 such period, his subsequent death as a result of the disease
10 shall likewise be compensable. The provisions of this paragraph
11 (2) shall apply only with respect to the disability or death of
12 an employe which results in whole or in part from the employe's
13 exposure to the hazard of occupational disease after June 30,
14 1973 in employment covered by The Pennsylvania Workmen's
15 Compensation Act. The employer liable for compensation provided
16 by section 305.1 or section 108, subsections (k), (l), (m), (o),
17 (p) or (q), shall be the employer in whose employment the
18 employe was last exposed for a period of not less than one year
19 to the hazard of the occupational disease claimed. In the event
20 the employe did not work in an exposure at least one year for
21 any employer during the three hundred week period prior to
22 disability or death, except for occupational diseases under
23 section 108, subsection (l), the employer liable for the
24 compensation shall be that employer giving the longest period of
25 employment in which the employe was exposed to the hazards of
26 the disease claimed.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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