SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MUSTIO, FRANKEL, BOYD, CLYMER, GINGRICH, GRELL, KAUFFMAN, KORTZ, MARSHALL, MILLARD, OBERLANDER, PEIFER, PICKETT, VULAKOVICH, DENLINGER, TRUITT, PERRY AND FARRY, FEBRUARY 4, 2011

SENATOR GORDNER, LABOR AND INDUSTRY, IN SENATE, AS AMENDED, JUNE 14, 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; and

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further providing for assessments and transfers from the

Administration Fund.

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, on a voluntary basis,

to sole proprietors, partners of a partnership or members of a

limited liability company, workers' compensation insurance

equivalent to that which employers provide to employes which

insure their liability under Article III. 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(P.L.350, No.57), is repealed: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-

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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Section 3.  Section 1607 of the act, added November 9, 2006

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(P.L.1362, No.147), is amended to read:

Section 1607.  Assessments and transfers.

(a)  For the purpose of establishing and maintaining the

fund, the sum of $1,000,000 is hereby transferred from the

Administration Fund established under section 446 to the fund

for operation of the fund for the period commencing on the

effective date of this section through June 30, 2007. The

department shall calculate the amount necessary to maintain the

fund and shall assess insurers and self-insured employers as is

necessary to provide an amount sufficient to pay outstanding and

anticipated claims in the following year in a timely manner and

to meet the costs of the department to administer the fund. The

fund shall be maintained in the same manner as the Workmen's

Compensation Administration Fund under section 446 and the

regulations thereunder. In no event shall any annual assessment

exceed 0.1% of the total compensation paid by all insurers or

self-insured employers during the previous calendar year.

(b)  For the purposes of further maintaining the fund, the

sum of $4,000,000 is hereby transferred to the fund from the

Administration Fund established under section 446.

Section 4.  This act shall take effect as follows:

(1)  The amendment of section 1607 of the act shall take

effect immediately.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.