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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FRANKEL, MUSTIO, BEYER, BRENNAN, BUXTON, CALTAGIRONE, CARROLL, CLYMER, D. COSTA, CREIGHTON, FAIRCHILD, FREEMAN, KORTZ, MANN, MUNDY, MURT, OBERLANDER, M. O'BRIEN, PICKETT, REICHLEY, SAYLOR, SIPTROTH, STERN, VULAKOVICH AND YOUNGBLOOD, JUNE 26, 2009 |
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| REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 26, 2009 |
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| AN ACT |
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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," providing for sole proprietors; and |
8 | making a repeal. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. The act of June 2, 1915 (P.L.736, No.338), known |
12 | as the Workers' Compensation Act, reenacted and amended June 21, |
13 | 1939 (P.L.520, No.281), is amended by adding a section to read: |
14 | Section 451. Insurers, including the State Workers' |
15 | Insurance Fund, are authorized to provide, to sole proprietors, |
16 | partners of a partnership or officers of a limited liability |
17 | company, workers' compensation insurance equivalent to that |
18 | which employers provide to employes which insure their liability |
19 | under Article III. In all cases where an injury which is |
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1 | compensable under the terms of this coverage is received by a |
2 | sole proprietor or partner, there is a rebuttable presumption |
3 | that his wages shall be equal to fifty per centum of the |
4 | Statewide average weekly wage for the purpose of computing his |
5 | compensation under sections 306 and 307. |
6 | Section 2. Section 1526 of the act, added June 24, 1996 |
7 | (P.L.350, No.57) is repealed: |
8 | [Section 1526. (a) The fund is authorized to provide to |
9 | sole proprietors or partners engaged in logging or logging- |
10 | related businesses coverage equivalent to that which the fund |
11 | provides to employers which insure their liability under Article |
12 | III. This coverage shall be provided in accordance with this |
13 | article. In all cases where an injury which is compensable under |
14 | the terms of this coverage is received by a sole proprietor or a |
15 | partner engaged solely in logging or logging-related businesses, |
16 | there is a rebuttable presumption that his wages shall be equal |
17 | to fifty per centum of the Statewide average weekly wage for the |
18 | purpose of computing his compensation under sections 306 and |
19 | 307. |
20 | (b) For purposes of this section, "logging" or "logging- |
21 | related business" means the cutting of trees, any skidding |
22 | activity and the transportation of logs or raw lumber, including |
23 | the construction, operation, maintenance and extension of |
24 | logging roads or trails.] |
25 | Section 3. This act shall take effect immediately. |
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