Document 99QBkRYGYJdnvp2DGEQQyK05D

CYI LAWSCD CU OF TEE GENERAL ASSEMBLY OF TEE . FAX N ,O 7177837015 'RECEIVED TIME JUN. 11 2:03PM JUN-22-2007 FRI 01:57 PH Lau/Gvt. Pubs, Section Commonwealth of Pennsylvania PASSED AT TEE SESSION OF 1937 m TEE ONE HUNDRED AND SIHTY-ITBST YEAH OF INDEPENDENCE TOGETHER WITH' A Proclamation by tie Governor, declaring Oust ho has filed certain Bills in. ihe oScfi of tho Secretary of the Commonwealth, . with bia objections thereto BY' AUTHORITY HARRISBURG, PA. 1837 CD CD Q_ LO cCtr"o~oD- o D< <C Li. <= o 001 CO in -a D_ 3ro xz CL. LO o CUfc.2 r-- CD CD CIM ~3 2714 LAWS OF PENNSYLVANIA, Tide. Occupational aiBoflasa. ' . No. 552 A SUPPLEMENT To Lbs act, approved tlia second. day of June, one thousand nine hundred fifteen (Pamphlet Lam, seven hundred thirtr-s*), entitled, as amended ''Ad net defining the liability ai an em ployer to pay damages for injuries received by an employe in the course of employment; establishing a qya&sm sad schedule of compensation; providing procedure ior the determination of liability and oompetisdon thereunder; and prescribing pen alties," as amended and re-enacted, providing for (he inclusion af occupational diseases within the scops thereof, and providing definitiona, provisions, and procedure related to such, diseases; and making an appropriation. Be it unacted, &c,, That, Section 1. Tim act shall be known, and be cited, as the "Occupational Disease Compensation Act" Section 2. The term, "occupational disease" as used kj this act shall mean and include the following diseases; (a) Poisoning by lead, mercury, arsenic, or man ganese, their preparations or compounds, in any occu pation involving direct contact with, handling thereof, or exposure thereto. (b) Poisoning by phosphorus, its preparations or compounds, in any occupation involving direst contact with, handling thereof, or exposure thereto. (c) Poisoning by methanol, carbon bisulphide, hydro carbon distillates (naphthas and others), or halogenatcd hydro carbons, or any preparations containing these chemicals or any of them, in' any occnpation involving direct contact with, handling thereof, or exposure thereto. (d) Poisoning by benzol, or by nitro, amido, or amino derivatives of benzol (dinitro-benzol, anilio, and others), or their preparations or compounds, in. any occupation involving direct contact with,'* handling thereof, or ex posure thereto. (e) Caisson disease (compressed air illness) resulting from, engaging in any occupation carried on in com pressed air. (f) Radium poisoning or disability, due to radioactive properties of substances ar to Boentgen-ray (X-rays) in any occupation involving direct contact with, hand ling thereof, or exposure thereto. (g) Poisoning by, or ulceration. from, chromic acid, or bichromate of ammonium, potassium, or sodium or their preparations, in any occnpation involving direct contact with, handling thereof, or exposure thereto. (h) Bpitheliomatoua cancer or ulceration due to tar, pitch, brtumen, mineral oil, or paraffin, or any compound, product or residue of any of those substances, in any occupation involving direct contact with, handling thereof, or exposure thereto. SESSION OF 1937. 2715 (i) Infection or inflammation of the skin, or other con tact surfaces, due to oils, cutting compounds, lubricants, dust, liquids, fumes, gases, or vapor, in any occupation involving direct contact with, handling thereof, or ex posure thereto. (j) Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, or thins, or bodies of animals either alive or dead. (k) Silicosis or anthraco-silicosis in any occupation involving direct contact with, handling of, or exposure to dust of silicon dioxide (Si}2). (l) Ashesfcosis in any occupation Involving direct con tact with, handling of, or exposure to the dust of asbestos. Section. 3. The several provisions of the Workmen's tm> wotimen'a Compensation Act, lo which this act is a supplement, S?auBHeaa shall be applicable to this act insofar as they are con- sisfcent with terms hereof. In applying (he Workmen`s to apjiyuuf Compensation Aet to this act, the Workmen's Qompensa- KapSwadon tion Act shad ba construed as including, in addition to "injury" and "personal injury" by accident, "coca- oraup^.innai pationnl disease" and the resultant effects thereof, in- nStoatDeatR Binding death. The word "disabled," as herein used, jtore^Jhfc!li!l` means disabled from earning full wages in the employ- meat in which the employe was employed, ` "DisabDifcy" as used herein means jhe state of being so disabled. The date when the disability occurs from occupational disease shall bo deemed to be the date of injury or accident. Section 4. When an employer and employe shall be f0^"a<lunD1ial subject to the provisions of article three of fchfl Work- Kmw'paid io men's Compensation. Aet as therein provided, cwnpensa- Cora- Iron far occupational disease shall be paid in. all cases by i|Sg?ftIJ0"I AaJpJaJ lbs employer according to the schedule provided in such Uinns and md- aet, subject, however, to the special terms and condi- |jjnns ta ,bJa lions relative thereto as set foith in this act. SectionS. (a) Compensation for silicosis or anthraco- eOieo3is, or silicosis, anthraco-silicosis complicated by in- ^J0D^r,^1Iara faction, and asbestosia, shad be paid only when it is p?om71toSo shown that the employe has had an aggregate employ- meat of at least two years in the Commonwealth, of u eieM in Pennsylvania, during a period of eight years next pro- disawKi-?'5 05 ceding tho date of disability, in an occupation having a silica or asbestos hazard. . _ (b) Compensation shall not ba payable for partial disability, due to silicosis, anfchraco-saicosis, or osbestesis. Compensation shall ba payable, as otherwise provided DtaJ(j in tins act, for total disability or death caused, primarily ' (as definitely distinguished from a contributory or ao- . celerating cause) by silicosis, anthraco-silicosis, or asbestoris, or by silicosis, anthraco-ailicosig, or asbestosis, when accompanied by active pulmonary tubsrculosis or . RECEIVED TIME JUN. 22. 2:03PM JUN-22-2007 FRI 01 .57 PM Lan/Gvt. Pubs, Section` FAX N .O 71778370]5 o^r 2716 cl! LAWS OP PENNSYLVANIA, streptococcic infection of the lung. The total liabilityox the employer onto the employe or his dependants under this section shall not exceed the sum of thirty-six hundred dollars ($3600). PK3unp(.ian oj Section 6. (a) If it shall ba shown that the employe, laaciuopriagtilnonaotl dlscosf. at or immediately before the date of disability^ was em ployed in any process or employment set forth in section two, it shall he presumed that the occupational disease ftcbuttofcfe. is due to the nature of that employment. This presump tion, however, shall not be conclusive. (b) An employer shall be liable for the payments prescribed by the act for the occupational diseases de scribed in section 2 hereof when disability of on em ploye, resulting in loss of earnings, shall he due to an employment in a hazardous occupation in which he was Disunity result iyencxgnporfnsl urlarlleUl,tanorrMlIornaut oue oC death employed and such disability results within two yearn after the last exposure in such- employment, or in case of death resulting from such exposure, if such death occurs (rit&Ja Gre rears q1 JosLexiMSUru. within five years following disability from such disease. Section 7. (a) In the case of such occupational dis WCoarratrjtennoan'tailaft Qa&nL eases as the "Workmen's Compensation Board shall deter mine develops to the point of disablement only after an exposure of five or more years, the compensation for disability or death due to such diseases shall, for a period of ten years immediately succeeding the effective date ofthis act, be payable jointly by the Commonwealth and the employer, as follows; If disability occurs, or if no compensable period a disability occurs if death occurs, daring the first year in which this act becomes effective, the employer shall be liable for and pay one- fnPaa?anraithrrpaeaayiOtmhseiInnn-t contain coses. tenth of the compensation for snch disability or death, and the remainder of such compensation shall he paid by the Commonwealth out of moneys to the credit of the Second Injury Reserve Account in the Slate Work men 's Insurance Fond. Thereafter for each successive year oE such ten-year period in which disability occurs, qr if no compensable period of disability occurs if death oboutSj the employer shall be liable for and shall pay one-tenth more of such compensation, and the remainder oE such compensation shall be paid by the Common wealth out ot moneys to the credit oE the Second Injury Reserve Account in the State Workmen's Insurance Fund. After the expiration of such ten-year period, the employer shall pay tha compensation for disability or death occurring thereafter in full J.0Q0 nnnreilid So 7psoHraOCal israph {al tils Beotian (b) The sum of ono hundred thousand dollars ($100,G0O.GO) is hereby appropriated out of tha General Fond to the State Workmen's Insurance Board, for payment into the State Workmen's Insurance Fund to the credit of the Second Injury Reserve Account, and is.hereby appropriated for the carrying out of the purposes of paragraph (a) of this section. The aforesaid sum of SESSION OF 1937. 2717 one hundred thousand dollars ($100,000.00) shall as soon as practical be repaid into the General Fund of the Stats Treasury out of moneys to the credit of the Second Injury Reserve Account in tha State Workmen's Insur ance Fund, and such moneys are hereby appropriated to the State Workmen's Insurance Board fax this pur- posa. ^< Section S. In any action brought after the effective date of this act in any court by an employe against his employer who has elected not to ho bound by the provisions of Article HI of the "Workmen's Compensa tion Act, and such action is based upon a claim by the employe for damages for personal injury tesultiug from an occupational disease, proof on tha part of the employe Pc'ial, that he had been subjected to a physical examination by such employer and that he had been discharged by such empLoyer within dub year after such examination, or proof of discharge by such employer and the further fact that the employe was unable to secure other employ ment within six months of the date of such discharge by reason of tha presence of an occupational disease in. any stage, shall be prima facie evidence of negligence cm the part of such employer. In any such action it shall not Prima (sere CTldccM of nesHssicB. be a defense on the part of any employer-- (a) That the injury was caused in whole or in part Dporr'mcoiBKoalfalneo. i by the negligence of a fellow employe; or (b) That the employe had assumed the risk of the employment; or (c) That the injury was caused in any degree by the negligence of such employe; or (&) That the employe was exposed to the hazard of such disease in any other employment more than two years prior to the date o such action. The Statute of limitations in any such, action, for personal injury resulting from an occupational disease SLltrnaifUj't.UnasaLtS. shall commence to run from the date of the hist exposure to the hazards o such disease in the employment of the defendant. Section 9. The employer in whose employment tbs EthmepItntTsyunrranacned employe was last exposed in a hazardous occupation cau-rler llefale. and the insurance carrier, if any, who was on the risk at the time of the lost exposure in such employment, shall ha liable for any payments required by this act. The notice employer. of injury and claim shall be made to such aNnodticcelaioml. Jnlur7 Section 10. In all cases involving claims for silicosis, anthcacQ^silicosis, except in those cases wherein there arc no controverted medical issues, between tha parties, the Workmen's Compensation Board or Referee shall appoint a Medical Advisory Board composed ox one or more duly qualified, impartial physicians or surgeons or experts in accordance with section 420 o the Work- RECEIVED TIME JU ,W 22. 2:03PM JUN 22-2007 FRI 01:SB PM IW G vt, Pubs, Section FAX N ,O 7177837015 LO 27IS CD LAWS 01? PENNSYLVANIA, men's Compensation Act, to be selected from a panel to fee submitted by the Secretary o the Department of Labor and. Industry, which, panel shall be made up of names selected from lists submitted by the deans of all legally recognized medical schools in the Commonwealth of Pennsylvania. The 'Workman's Compensation Board or Referee shall order the claimant to subject himself to such clinical, pathological, and Roentgen. examinations as la-the opinion of the Medical Advisory Board may be necessary to determine whether or not the claimant has contracted, or is suffering from the disease for which claim has been filed. After examination, tha Medical Advisory Board shall file with the Workmen's Com pensation Board or Referee its written report setting forth its opinion with respect io the following medical questions: (a) Whether or not the claimant has contracted or is suffering from, silicoaia or anthraco-silico&ia, and in death, cases, whether or not death, was caused by either of them. (b) If fcha claimant ba3 contracted or is suffering- from sitiaosis or anthraco-sHicosis, its opinion as to the extent oz injury suffered by the claimant. The Workmen.*3 Compensation Board or Referee shall mail a copy of such, report and findings to the claimant- and to the employer or his, their, or its insurers, within twenty (20) days from the data of the filing thereof. The Workmen's Compensation Board or Referee shall order an autopsy to be made upon the decedent for the purpose of examination and tests to determine the cause of death In the following coses: (1) Whan the Workmen's Compensation Board or Referee, upon the advieo o the Medical Advisory Board, deems such an autopsy to he necessary to determine the cause of death. (2) Upon application of the employor, when the Medi cal Advisory Board recommends an autopsy to determine the cause of death. The findings resulting from such, examinations and tests ohall he filed with the State Department of Health, and certified copies thereof shall bo filed with the Work men's Compensation Board or Referee, and shall become public records in the ease. The reports and findings of ths physicians, surgeons, or experts ao appointed by the Workmen's Compensa tion Board or Referee, shall be considered by the Work men's Compensation Board or Referee as evidence of findings therein contained, and shall he considered to gether with any other medical evidence offered on behalf of hbo claimant or employer. At the time of any hearing of said cause, the physicians, surgeons or experts so appointed by the Workmen's Compensation Board or SESSION- OE 1937. Referee shall appear and be subject to asamination and cross-examination, by tho parties to said causa if written request therefor shall be filed by either of said parties with the referee or board within ten (10) days after written notice of the filing of said report and findings shall be mailed to the respective parties in interest. All ths proceedings for compensation shall be sus pended upon the refusal of a claimant or claimants to submit to such clinical, pathological and Roentgen ex aminations as may fee-ordered by the Workmen's Com pensation Board or Referee. In death eases, in the event that a claimant or claimants shall refuse to permit an autopsy to ba made upon the body of the decedent, for a period of six months after death, when, ordered by the Workmen's Compensation Board or Referee, then, and in that event no compenaatian'shaU bo payable, and claim therefor shall bo disallowed by the Workman's Compensation Board or Referee, . Section 1L Hie Workmen's Compensation Board or any Workmen's Compensation Eefeiee shall have power <o issue an order authorizing tbe entry of any physician, surgeon, or expert upon the premises of the defendant employer in order to ascertain, the facta in any caso arising under this act. Section 12. It fa hereby determined to be the legis lative intent that if this act cannot take effect in its entirety because of tho decision of any court holding unconstitutional any part hereof, the remaining provi sions shall be given, full force and effect as if the part held unconstitutional had not been, included heroin. Section 13. This act shall become effective on the first day of January, ono thouand nine hundred thirty-eight. Appuqved--Tho 2d day of July, A. D, 1937. GEORGE H. EARLE No. 653 AN ACT To amend the act, approved the seventh day of June, one thou sand owe hundred and fifteen (Pamphlet Laws, nice hundred), entitled "An net to provide (or the immediate registration af all hirfcha and deaths throughout the Commonwealth ot Fennjytvaai&j by means of aertmeatsa af tirtlx3 and deaths, and bariol or remove! permits; requiring prompt returns to the Central Bureau of Vital Statistics, as required to be established by tbs State Department of Health; and, in order to secure prompt and faithful registration. of bulbs, marriages, deaths, and dis eases, of practitioners of medicine and- surgery, of midwryES, mures, and undertakers, and of ail persons whore occupation is deemed to be of importance in obtaining complete registra tion of births, dEatha. rnwrineEs, and diseases throughout the H--38 27X9 nwfcU'i u wiir jwu uj/udJia