HOUSE AMENDED
PRIOR PRINTER'S NOS. 931, 2358 PRINTER'S NO. 2390
No. 813 Session of 2001
INTRODUCED BY ARMSTRONG, TARTAGLIONE, STOUT, THOMPSON, CORMAN,
LAVALLE, M. WHITE, EARLL, ORIE, HELFRICK, O'PAKE, COSTA,
SCARNATI, SCHWARTZ, WAUGH, MADIGAN, DENT, GREENLEAF, LEMMOND,
PUNT AND GERLACH, APRIL 27, 2001
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 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 providing for THE SCHEDULE OF <--
8 COMPENSATION AND FOR the discount rate on workers'
9 compensation insurance policies.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1002 of the act of June 2, 1915 (P.L.736, <--
13 No.338), known as the Workers' Compensation Act, reenacted and
14 amended June 21, 1939 (P.L.520, No.281) and amended June 24,
15 1996 (P.L.350, No.57), is amended to read:
16 SECTION 1. SECTIONS 306(B) AND 1002 OF THE ACT OF JUNE 2, <--
17 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT,
18 REENACTED AND AMENDED JUNE 21, 1939 (P.L.520, NO.281), AND
19 AMENDED JUNE 24, 1996 (P.L.350, NO.57), ARE AMENDED TO READ:
1 SECTION 306. THE FOLLOWING SCHEDULE OF COMPENSATION IS
2 HEREBY ESTABLISHED:
3 * * *
4 (B) (1) FOR DISABILITY PARTIAL IN CHARACTER CAUSED BY THE
5 COMPENSABLE INJURY OR DISEASE (EXCEPT THE PARTICULAR CASES
6 MENTIONED IN CLAUSE (C)) SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
7 THE DIFFERENCE BETWEEN THE WAGES OF THE INJURED EMPLOYE, AS
8 DEFINED IN SECTION 309, AND THE EARNING POWER OF THE EMPLOYE
9 THEREAFTER; BUT SUCH COMPENSATION SHALL NOT BE MORE THAN THE
10 MAXIMUM COMPENSATION PAYABLE. THIS COMPENSATION SHALL BE PAID
11 DURING THE PERIOD OF SUCH PARTIAL DISABILITY EXCEPT AS PROVIDED
12 IN CLAUSE (E) OF THIS SECTION, BUT FOR NOT MORE THAN FIVE
13 HUNDRED WEEKS. SHOULD TOTAL DISABILITY BE FOLLOWED BY PARTIAL
14 DISABILITY, THE PERIOD OF FIVE HUNDRED WEEKS SHALL NOT BE
15 REDUCED BY THE NUMBER OF WEEKS DURING WHICH COMPENSATION WAS
16 PAID FOR TOTAL DISABILITY. THE TERM "EARNING POWER," AS USED IN
17 THIS SECTION, SHALL IN NO CASE BE LESS THAN THE WEEKLY AMOUNT
18 WHICH THE EMPLOYE RECEIVES AFTER THE INJURY; AND IN NO INSTANCE
19 SHALL AN EMPLOYE RECEIVING COMPENSATION UNDER THIS SECTION
20 RECEIVE MORE IN COMPENSATION AND WAGES COMBINED THAN THE CURRENT
21 WAGES OF A FELLOW EMPLOYE IN EMPLOYMENT SIMILAR TO THAT IN WHICH
22 THE INJURED EMPLOYE WAS ENGAGED AT THE TIME OF THE INJURY.
23 (2) "EARNING POWER" SHALL BE DETERMINED BY THE WORK THE
24 EMPLOYE IS CAPABLE OF PERFORMING AND SHALL BE BASED UPON EXPERT
25 OPINION EVIDENCE WHICH INCLUDES JOB LISTINGS WITH AGENCIES OF
26 THE DEPARTMENT, PRIVATE JOB PLACEMENT AGENCIES AND
27 ADVERTISEMENTS IN THE USUAL EMPLOYMENT AREA. DISABILITY PARTIAL
28 IN CHARACTER SHALL APPLY IF THE EMPLOYE IS ABLE TO PERFORM HIS
29 PREVIOUS WORK OR CAN, CONSIDERING THE EMPLOYE'S RESIDUAL
30 PRODUCTIVE SKILL, EDUCATION, AGE AND WORK EXPERIENCE, ENGAGE IN
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1 ANY OTHER KIND OF SUBSTANTIAL GAINFUL EMPLOYMENT WHICH EXISTS IN
2 THE USUAL EMPLOYMENT AREA IN WHICH THE EMPLOYE LIVES WITHIN THIS
3 COMMONWEALTH. IF THE EMPLOYE DOES NOT LIVE IN THIS COMMONWEALTH,
4 THEN THE USUAL EMPLOYMENT AREA WHERE THE INJURY OCCURRED SHALL
5 APPLY. IF THE EMPLOYER HAS A SPECIFIC JOB VACANCY THE EMPLOYE IS
6 CAPABLE OF PERFORMING, THE EMPLOYER SHALL OFFER SUCH JOB TO THE
7 EMPLOYE. IN ORDER TO ACCURATELY ASSESS THE EARNING POWER OF THE
8 EMPLOYE, THE INSURER MAY REQUIRE THE EMPLOYE TO SUBMIT TO AN
9 INTERVIEW BY [AN] A VOCATIONAL EXPERT [APPROVED BY THE
10 DEPARTMENT AND] WHO IS SELECTED BY THE INSURER AND WHO MEETS THE
11 MINIMUM QUALIFICATIONS ESTABLISHED BY THE DEPARTMENT THROUGH
12 REGULATION.
13 (3) IF THE INSURER RECEIVES MEDICAL EVIDENCE THAT THE
14 CLAIMANT IS ABLE TO RETURN TO WORK IN ANY CAPACITY, THEN THE
15 INSURER MUST PROVIDE PROMPT WRITTEN NOTICE, ON A FORM PRESCRIBED
16 BY THE DEPARTMENT, TO THE CLAIMANT, WHICH STATES ALL OF THE
17 FOLLOWING:
18 (I) THE NATURE OF THE EMPLOYE'S PHYSICAL CONDITION OR CHANGE
19 OF CONDITION.
20 (II) THAT THE EMPLOYE HAS AN OBLIGATION TO LOOK FOR
21 AVAILABLE EMPLOYMENT.
22 (III) THAT PROOF OF AVAILABLE EMPLOYMENT OPPORTUNITIES MAY
23 JEOPARDIZE THE EMPLOYE'S RIGHT TO RECEIPT OF ONGOING BENEFITS.
24 (IV) THAT THE EMPLOYE HAS THE RIGHT TO CONSULT WITH AN
25 ATTORNEY IN ORDER TO OBTAIN EVIDENCE TO CHALLENGE THE INSURER'S
26 CONTENTIONS.
27 * * *
28 Section 1002. (a) An insured employer may make application
29 to the department for the certification of any established
30 safety committee operative within its workplace developed for
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1 the purpose of hazard detection and accident prevention. The
2 department shall develop such certification criteria.
3 (b) Upon the renewal of the employer's workers' compensation
4 policy next following receipt of department certification, the
5 employer shall receive [a] AN ANNUAL five per centum discount in <--
6 the rate or rates applicable to the policy [for a period of one <--
7 year. The five per centum discount shall continue [for a total <--
8 of five years] indefinitely if the employer, [by affidavit] ON A <--
9 FORM PRESCRIBED BY THE DEPARTMENT, provides annual verification
10 to the department and to the employer's insurer that the safety
11 committee continues to be operative and continues to meet the
12 certification requirements.
13 SECTION 2. THE AMENDMENT OF SECTION 1002(B) OF THE ACT SHALL <--
14 APPLY TO POLICIES ISSUED OR RENEWED ON OR AFTER THE EFFECTIVE
15 DATE OF THIS ACT.
16 Section 2 3. This act shall take effect immediately. <--
17 SECTION 3. ALL REGULATIONS AND PARTS OF REGULATIONS WHICH <--
18 ARE INCONSISTENT WITH THE AMENDMENT OF SECTION 306(B) OF THE ACT
19 ARE ABROGATED.
20 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
21 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
22 IMMEDIATELY:
23 (I) THE AMENDMENT OF SECTION 1002 OF THE ACT.
24 (II) SECTION 2 OF THIS ACT.
25 (III) THIS SECTION.
26 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
27 DAYS.
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