Bill Text: PA HB440 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Providing for insurance for different forms of business; repealing provisions on logging; and further providing for assessments and transfers from the Administration Fund.

Spectrum: Moderate Partisan Bill (Republican 16-2)

Status: (Passed) 2011-06-30 - Act No. 20 [HB440 Detail]

Download: Pennsylvania-2011-HB440-Amended.html

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PRIOR PRINTER'S NO. 411 PRINTER'S NO. 1523
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 440 Session of2011
INTRODUCED BY MUSTIO, FRANKEL, BOYD, CLYMER, GINGRICH, GRELL, KAUFFMAN, KORTZ, MARSHALL, MILLARD, OBERLANDER, PEIFER, PICKETT, VULAKOVICH, DENLINGER, TRUITT AND PERRY, FEBRUARY 4, 2011
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 12, 2011
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 insurance for different
forms of business; and repealing provisions on logging.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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 section to read:
Section 451. Insurers, including the State Workers'
Insurance Fund, are authorized to provide, to sole proprietors,
partners of a partnership or officers members of a limited <--
liability company, workers' compensation insurance equivalent to
that which employers provide to employes which insure their
liability under Article III. In all cases where an injury which <--
is compensable under the terms of this coverage is received by a
sole proprietor or partner, there is a rebuttable presumption
that his wages shall be equal to fifty per centum of the
Statewide average weekly wage for the purpose of computing his
compensation under sections 306 and 307. For the purposes of <--
computing the premium charge, the wages of a sole proprietor,
partner or member shall be at least equal to the minimum payroll
for a corporate officer, and no more than the maximum payroll
for a corporate officer, as established by underwriting rules
approved by the Insurance Department. If an injury is
compensable under the terms of this coverage, it shall be a
rebuttable presumption that the wages of the injured individual
are at least equal to minimum payroll for a corporate officer
for the purposes of calculating his average weekly wage and
paying benefits under sections 306 and 307.
Section 2. Section 1526 of the act, added June 24, 1996
(P.L.350, No.57) is repealed:
[Section 1526. (a) The fund is authorized to provide to
sole proprietors or partners engaged in logging or logging-
related businesses coverage equivalent to that which the fund
provides to employers which insure their liability under Article
III. This coverage shall be provided in accordance with this
article. In all cases where an injury which is compensable under
the terms of this coverage is received by a sole proprietor or a
partner engaged solely in logging or logging-related businesses,
there is a rebuttable presumption that his wages shall be equal
to fifty per centum of the Statewide average weekly wage for the
purpose of computing his compensation under sections 306 and
307.
(b) For purposes of this section, "logging" or "logging-
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related business" means the cutting of trees, any skidding
activity and the transportation of logs or raw lumber, including
the construction, operation, maintenance and extension of
logging roads or trails.]
Section 3. This act shall take effect in 60 days.
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