Bill Text: PA HB900 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for appeals concerning the State Workers' Insurance Fund; and establishing the State Workers' Insurance Appeal Board.

Sponsorship: Partisan Bill (Republican 25)

Status: (Introduced - Dead) 2009-03-12 - Referred to LABOR RELATIONS [HB900 Detail]

Download: Pennsylvania-2009-HB900-Introduced.html

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PRINTER'S NO. 1019
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 900 Session of2009
INTRODUCED BY DENLINGER, BAKER, BOYD, CLYMER, CREIGHTON, CUTLER, EVERETT, FAIRCHILD, FLECK, GEIST, GINGRICH, HARRIS, HENNESSEY, HESS, KAUFFMAN, MARSICO, MILLARD, MOUL, PICKETT, ROCK, ROHRER, ROSS, SAYLOR AND STERN, MARCH 12, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 12, 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," providing for appeals concerning the
State Workers' Insurance Fund; and establishing the State
Workers' Insurance Appeal Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1501 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
definition to read:
Section 1501. As used in this article:
* * *
"Appeal board" means the State Workers' Insurance Appeal
Board established in section 1518.2.
* * *
Section 2. The act is amended by adding sections to read:
Section 1518.1. (a) A subscriber aggrieved by the
application of the board's auditing or premium findings has the
right to a hearing before the appeal board, in person or by the
subscriber's authorized representative, on the findings.
(b) A subscriber must exhaust the fund's policy dispute
procedures before filing an appeal.
(c) Procedure before the appeal board shall be in accordance
with regulations promulgated by the department. The regulations
shall include the following provisions:
(1) The requirement of a written request for a hearing.
(2) The option to decline to hear appeals which are:
(i) frivolous in nature; or
(ii) of a monetary value not warranting the appeal board's
attention.
(d) This section is subject to 2 Pa.C.S. Chs. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies)
and 7 Subch. A (relating to judicial review of Commonwealth
agency action).
Section 1518.2. (a) The State Workers' Insurance Appeal
Board is established.
(b) The appeal board shall consist of the following members:
(1) The secretary or a designee, who shall act as chair.
(2) Three representatives of the fund appointed by the
secretary.
(3) The Insurance Commissioner or a designee.
(4) The chair and minority chair of the Labor and Industry
Committee of the Senate, or designees.
(5) The chair and minority chair of the Labor Relations
Committee of the House of Representatives, or designees.
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(6) The following members appointed by the secretary:
(i) A representative of the National Federation of
Independent Business.
(ii) A representative of the Pennsylvania Chamber of
Business and Industry.
(c) A member appointed under subsection (b)(2) or (6) must
be knowledgeable in the area of established legal doctrine in
regards to employe and independent contractor relationships.
(d) A member under subsection (b)(1), (3), (4) or (5) shall
serve ex officio. A member under subsection (b)(2) or (6) shall
serve for a term of two years.
(e) The appeal board shall meet when called by the
secretary.
(f) Seven members constitute a quorum.
(g) Members of the appeal board shall not be compensated for
their service on the board but shall be entitled for
reimbursement of reasonable travel and lodging expenses to be
paid for by the fund.
(h) The secretary shall appoint the staff necessary for the
efficient operation of the appeal board.
Section 3. The Secretary of Labor and Industry shall do all
of the following:
(1) Take the necessary actions to ensure that the State
Workers' Insurance Appeal Board is in operation by July 1,
2007.
(2) When the board is in operation, submit to the
Legislative Reference Bureau for publication in the
Pennsylvania Bulletin a notice that the board is in
operation.
Section 4. The Department of Labor and Industry shall
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propose regulations under section 1518.1(c) of the act within 60
days of the effective date of this section.
Section 5. This act shall take effect as follows:
(1) The addition of section 1518.1 of the act shall take
effect upon publication of the notice under section 3(2) of
this act.
(2) The following provisions shall take effect
immediately:
(i) Section 3 of this act.
(ii) Section 4 of this act.
(iii) This section.
(3) The remainder of this act shall take effect in 60
days.
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