Bill Text: PA HB1546 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for schedule of compensation.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2009-05-29 - Referred to LABOR RELATIONS [HB1546 Detail]

Download: Pennsylvania-2009-HB1546-Introduced.html

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PRINTER'S NO. 1922
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1546 Session of2009
INTRODUCED BY COHEN, BELFANTI, JOSEPHS, MUNDY, FREEMAN, STABACK, MELIO, McGEEHAN, GEORGE, DALEY, CALTAGIRONE, GIBBONS, HARKINS, SIPTROTH, MAHONEY, M. O'BRIEN, PALLONE, KULA, GRUCELA, GOODMAN, FABRIZIO, BRENNAN, BRIGGS AND CONKLIN, MAY 29, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 29, 2009
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
reenacted and amended, "An act defining the liability of an
employer to pay damages for injuries received by an employe
in the course of employment; establishing an elective
schedule of compensation; providing procedure for the
determination of liability and compensation thereunder; and
prescribing penalties," further providing for schedule of
compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 306 of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, reenacted and
amended June 21, 1939 (P.L.520, No.281), is amended by adding a
subsection to read:
Section 306. The following schedule of compensation is
hereby established:
* * *
(a.3) (1) Where an employe has suffered an injury which
results from the employer's reckless, wilful or wanton disregard
for the safety of the employe, or results from employer's
intentional misconduct, the employe, his legal representative,
husband or wife, parents, dependents, next of kin or anyone
otherwise entitled to damages shall have a cause of action
against the employer.
(2) An employe, his legal representative, husband or wife,
parents, dependents, next of kin and anyone else entitled to
damages and any cause of action or otherwise on account of
injury or death shall have the right of action against the
employer for failure to maintain proper duty of care by a
physician conducting an independent medical examination.
(3) In any action brought to recover damages for a personal
injury under this section, or for death resulting from such
injury, it shall not be a defense:
(i) that the injury was caused in whole or in part by the
negligence of a fellow employe;
(ii) that the employe has assumed the risk of the injury; or
(iii) that the injury was caused in any degree by the
negligence of such employe, unless it can be established that
the injury was caused by such employe's intoxication or by his
reckless indifference to danger. The burden of proving such
intoxication or reckless indifference to danger shall be upon
the employer and the question shall be one of fact to be
determined by the jury.
* * *
Section 2. Notwithstanding any other provision of law, if an
injury is caused by an employer's failure to provide a safety
appliance or device or to educate the employee in safety rules
known throughout the industry, the compensation otherwise due to
the employee under this act shall be increased by 50%.
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Section 3. This act shall take effect in 60 days.
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