Document EdGvq2oxjZNp6y70vJ6Gq0bnn

FILE NAME: Wagner (WAG) DATE: 1945 July 1 DOC#: WAG015 DOCUMENT DESCRIPTION: Govt Regulation - Pennsylvania Occupational Disease Act PENNSYLVANIA OCCUPATIONAL DISEASE ACT EFTECTTYE JULY 1. 1 9 ACT OF JETT, 21. 1939 PAMPHLET LAV 566 AS AMENDED A- 19 s Ahy/ v \y ' s. < 47 Xc. '254 AX ACT D sf.rirg the katbity cf a employe: to ray damages for occuyst:oca] c.sease ecutrac.ec by z z enmloye arising out of and -n ibe course of eutployn-.m;; ertabiis'mng aa elective schedule o; cempeaeai'nu; providing procedure for the determination of ability and compensation tbcreuncer; imposing duties on the Depsrimsnt of Labor end Industry, the Workmen's Compc-nsaticL Board, W orkm ens Compensation P.pferces, and deans of medical schools; cresting a mecicai board to determine con troverted m.cdicsi issues: establishing an Occupational Disease i und in custody of the State Workmen's Insurance Board; impesme upon the Ccmrr.c'n"_ea!`r a part c: t:.e compensation rnvcble far ccrrr.m occurs'..or.'.! d'sct^'.s; ruuhmc an apnrorr.atlcc, and nrcscr.omg peraluts. The General Assembly oi the Corr.mor.v,oalih of Pennsrivauia hereby enacts ns fellows: APTICLL I IxTzn?r.h7.!.h;C'N- .ckd Dy.riyrrTOKs Section 101. This act shall 1e called and n a y be cited as Tint- Pennsylvania Ocuspuiioral Disease Act. It `'ball appi}- to disabilities and deaths caused by occupational clsc-aso as defined in this act, rcsuhtr.c frem employment within. this Commonwealth. irrespective of the place mirre contract of hiring mas rance. m-reved, or exteiidta, and shall not apply tc any such disabilities and deaths resultine frena employment outside oi the Com monwealth. Section 102. 'Wherever in this act the Cupular is used, the plural shall be included; and where the masculine gender is used, the feminine ana neuter shall be included. Section 103. The term "em ployer," ns n<w-d in this act. is declared to be synonymous with master, ana to include natural persons, partnerships, joim-stock com panies. corporations for profit, corporations not for profit, municipal corporations, the Commonwealth, and all governmental agencies created by it. Section 104. The term "em ploye," as used in this act. is declared to be synonymous with servant, and includes all natural persons who perform services, ex cept agricultural * services or domestic services per formed in a private home, for another for a valuable consideration, exclusive of persons whose employment is casual in character and not in the regular course of the business of the employer and exclusive of persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or re paired, or adapted for sale, in the worker's own home, "T ilC T * ' T f } l- 1 cz:A ACL" Ctr.r-:l L) ; i :c a . ` c l . frimtir, ' S-TUnr. Encore, ' Af.-'c u l t u r e '* jc i t e o n g i c a l . up O- <lT V J -o O s A,<*>. 'o' A- 20 ts or on other prerni-e- not under th;- eon; :c-l u: man; g> men: ol ins employsr. c' " " !D,i Section 105. The terra 'VontrEetor," as m .u w s-tide two, section two hundred and three, and article three, section three hundred end two (b), shall nc: in clude contractor engaged in an independent business, other then that of supplying laborers or i-.ssBmr.ts, in which he serves persons other than the employer u> whose service the disability occurs, but shall induce a subcontractor to whom a principal contractor hi? ?uhb't any part cf the worl: which sum principal contractor has undertake:.. re t:: Portion lOG. The exercise a c t t '- r f - t r u r . '- c f the *' over.- and dunes o: a local or ecacr public r.utrmr.m si.all. for the purposes of this be treated a? ;)< tr..d' or busing?- cf the- authority. r i.-.c-rt. R-cfion 107. The u-rm "dent-rimc-rd,'' wl.'- v.-cu in this act, shall m tan tae Department oi L^aor and In dustry o; th:.- Commonwealth. e-i-si The term " board,'' whet: used in lids act. ? 1 m e a n The 'Torinneu's Compensation Board of this Common wealth. The term "referee." v.hci. used in this act, chaT -cr ITorknier/s Compensation Referee. o-rortverui Section 105. The term "occupational as u.--d in thi? act. ehr.ll near, only the- following d u '; " ; lj Poisoning by arsenic, lead, mere urge, or -__c:- psnese, their preparations or compounds, in any occu pation involving dire:-; omuscc with, handling lit r e :.' or exposure thereto. (b) Poisoning by phosphorus, its preparations or compounds, in eny occupation im Giving direct contact with, handling thereof, or exposure thereto. (c) Poisoning by methanol, carbon bisulphide, hydro carbon distillates (naphthas and-others'), or halogenaied hydro carbons, or euv preparations containing these chemicals or any of them, in any occupation involving direct contact with, handling thereof, or exposure ! thereto, I (c) Poisoning by benzol, or by rutro, amido, or amino derivatives of benzol (dinitro-benzol, anilin. and j others), or their preparations or compounds, in any oc !! cupation involving direct contact with, handling thereof, or exposure thereto. (e) Caisson disease (compressed air illness) result 1 ing from engaging in any occupation carried on in com ; pressed air. i (f) Radium poisoning or disability, due to radio active properties of substances or to Roentgen-ray (X- I rays) in a n y occupation in volvin g d irect contact *nth, handling thereof, or exposure thereto. A-21 9 (g) Poisoning by. or ulceration from, chromic acid, or bichromate of ammonium, bichromate of potassium, or bichromate of sodium, or their preparations, m any occupation involving direct contact with, handling thereof, or exposure thereto. (h) Epitbeliomatous cancer or ulceration ace to ter, pitch, bitumen, mineral oil, or paraffin, or any com pound. product or residue of any of those substances, ir. any occupation involving direct contact with, han dling thereof, or exposure thereto. (i) Infection or inflammation of the shin due to oils, cutting compounds, lubricants, dust, liquids, fumes, rases, or vapor, in any occupation involving direct coniuc: with, handling thereof, or exposure thereto. (j) A nthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides. ..r shins, or bodies of animals either alive or dead. (it) Silicosis or ar.thraco-silicosis (commonly known s'- 'd in e r's Asthma and hereinafter referred to as t-nthraco-si'ieosis) in cry occupation involving direct contact with, handling of. or exposure to dust of silicon hoxide (Si0 .). (1) Asbesfosis in any occupation involving direct contact with, handling of, or expe-ure to the dust of asbestos. ARTICLE II D amages ey A ction j .z L aw Section 201. In any action brought to recover damages for disability or death of an employe caused by occupational disease arising out of and in the course of Lis employment, it shall not be a defense that the occu pational disease was caused in whole or in part by the negligence of a fellow employe. Section 202. The employer shah be liable for tb e negligence of employes other than the plaintiff, while acting within the scope of their employment, including engineers, chauffeurs, tamers, mine-foremen, fire-bosses, mine superintendents, plumbers, officers of vessels, and all other employes licensed by the Commonwealth or other governmental authority, if the employer be allowed by law the right of free selection of such employes from the class of persons thus licensed; and such employes shall be the agents and representatives of their employ ers, and their employers shall be responsible for the acts and neglects of such employes, as in the case of other agents and employes of their employers; and, notwith standing the employment of such employes, the property in and about which they are employed, and the use and operation thereof, shall at all times be under the super vision, management and control of their employers. O tVcInAi ;',CTC, KefrMrcr.ee C c not A-22 br er.rioye, m- do tim er. S'cpV.rcccc do bar. JD.StV.llty or ceiit ceased tr e2p)oyrt rlol& tioa d( lew. Burdeu oi prool. CKCi^xrClsSuEal`oa. M`ro r ccplofftd. 50 Section 203 An employer who permits the entry upon premises occupied by him or under hi? control of a laborer or an assistant hired by an employe or con tractor who has rejected article three of this act ftr the performance upon such premises of a part cf :m: employer's regular business entrusted to sue; c--p1cye- or contractor, shall be hahle to such laborer or aviv'.r,: h. the same manner and to the same extent a> to i n l employe. Section 20-i No agrtemen t. COr ;.'> n or., cr ;b. r.v of d, !r.3!dr h'.for-' th- v*i*iC of a?n disr.b;,.:'; o r c.-ut l ri.sultiiic from occupa: ; d^vc.: ere.p; \Lt men: cb.fir.ed in u,i?,1,-; , of ! oo >..):d or fcliall bu r a claim for daiBatjes for 1LC '- s' '! ' , or J'viitL: : zv. t.r.y suo. i c^ler th a n ;..:.t (tc. f.ued in article i aree Lercia, is d.-tl,ared to i>* eg . " 1: too public ;iolioy of this Gomme>wealth. T'lie r i t. o: brnc-nts f r e e : c: ." jcjr.i jo ii( ; '-eie;y, or :fund shall no; bar the recover;y of damages by a alien a; law, nor the re COv.'ry of coTrTicr^atiot \r.i tier anici- t',r;e l,r-: c o : . ; ;.d any re-let'.'-.- executed in consideratici', of r;..:. 1 i-ic M.sll ho void. A E T iC L E III Enrer:vx Co;.;runs xr:cut Section 301. (u) "When employer and '-y\ :! , '1 by agreement, c-ither express or implied, as i...rematter provided, accept the provisions of article thr-.-. of t' > act, compensation for disability or death of su-.li em ploye, caused by occupational disease arising out of and iL the course of his empioyrje'., shall be paid by the employer, without regard to negligence, aecm c'tc ti the schedule contained in sections throe hundred and six and three hundred and seven of ihi< article, but-- 1. No compensation shall Le paid v.-hen the disability or death is caused by the employe's violation of lav but the burden of proof of such fact shall be upon the employer. 2. The maximum compensation payable under this article for disability and death resulting from silicosis, rnthraco-silicosis, or asbestosis shall not exceed the sum Of four thousand dollars ($4000), vhieh shall be full and complete payment for all disability, present or fu ture, or for death from such occupational diseases aris ing out of employment by any and all employers in this Commonwealth. (b) The right to receive compensation under this act shall not he affected by th e fa ct that a im n o r Is em ployed or is permitted to be employed in violation of the laws of this Commonwealth relating to the employment of m inors, or th at he obtained his employment by raiErepresenting his age. A-23 51 ie) Compensation for tie occupational diseases enu D'iete? merated in this act shall be paid only T ien such occu lie to occu?a.li02i pational disease is peculiar to tie occupation or industry cr izousuT- in which the employe was engaged, and not common to the general population, and occurring within one year aider the date of his last employment in such occupation or industry. "FTherever death is mentioned as a cause for compensation under this act, it shall mean only death resulting from occupational disease and occurring within three years alter the date of his last employment in such occupation or industry. (d) Compensation io r silicosis or anthraco-silicosisI,d tfsci ' and asbestosis, shall be paid only when u is shown that ilt&s - cr c:.ii.rtco-5 i.ccnc. the employe has Lad an aggregate employment of at ct e:z- least lour years in the Commonwealth of Pennsylvania, caring a period of eight years next preceding the cate of disability, in an occupation having a silica cr asbestos hazard. (ej Compensation shall not be payable for partial disability due to silicosis, anthraco-silicosis. or asbestosis. Compensation shall be payable, as otherwise provided in this act, for total disability or death caused solely (as Eitr''i`.c'o.:e 1 e -?'] tr- cce' s, c r tEbcciOFis. or clu, cz'y. definitely distinguished from a contributory or acceler ating cause) by silicosis, nnthraco-silieosis, or asbestosis, or by silicosis, anthraco-silicosis, or asbestosis, when ac companied by active pulmonary tuberculosis. (f) i f it be shown that the employe, at or immedi Pr'Eun-t'cr ately before the date of disability, was employed in any C i wt2E-F f CCUEcfi tv special occupation or industry in which the occupational disease o! is a hazard, it shall be presumed that the employe's oc Isdustry cupational disease arose out of and in the course of his employment, but this presumption shall not be con clusive. (g) The employer liable for the compensation pro YTVcb cr> vided by this article shall be the employer in whose em lisLlc ployment the employe was last exposed to the hazard of the occupational disease claimed, regardless of the length of time of such last exposure: Provided, Thai when a Proviso claimant alleges that disability or death was due to sili- eosis, anthraco-silicosis, asbestosis or any other occupa tional disease which developed to the point of disable ment only after an exposure of fire or more years, the only employer liable shall be the last employer in whose employment the employe was last exposed to the hazard of such occupational disease during a period of six months or more after the effective date of this a c t; and in such cases an exposure during a period of less than six months after the effective date of this act shall not be deemed an exposure. The notice of disability or Notice. death and claim shall be made to the employer who is liable under this subsection, and his insurance carrier, if any. A - 24 S' A-25 r,o P e f c e t i * lo ifisu.ajttu. Co&irtctf t?t*r October 1, 3&3S, Pr<*u.T j ti or et i Z L ` T' . ^.TCl Ci' ) r' \ e.o-.f 0 ' **:5Cv lhnr< ci c:(. t>\, c' re; f C r e; et e re ci Ce-irteir 0 :;ct>cr 3, 1 B3&. rttreUs urcuett ; ut'o.er tracie itrt-e N'o'Jee. Prorlw. CosDDnvetltb or cubdivisloa* &ot to p jie ootic ol re jecto r. to tcipiojes. (L) Except as hereinafter provided, all compensa tion payable under this article shall be pEyablc in peri odic instalments, as the WEe of the employe were pay able before the accident. Section 302. (e) In every contract of hiring made after October first, one thousand nine hundred and thirty-nine, and in every contract of hiring renewed cr extended by mutual consent, expressed or ;mpm d. after said date, it shall be conclusively presumed ihat the p ar ties have accepted the- provisions cf article three cf this act, and have agreed to be bound thereby, unless the employer shall post at his plant, oSce or place of busi ness a notice of his intention not to pay such compensa tion or unless there Le, at the time of the making, renewal, or extension cf such contract, nn express state ment in writing, from either party to the other, that the provisions of article three of this act are- not intended to apply, and unless a true copy of such posted notice or such written statement, accompanied by proof cf post ing or proof of service thereof upon the other party, setting forth under oath or affirmation the time, place, and m anner of such posting or service, be filed with to t departm ent within twenty days afte r such pc sting or service. Every contract of hiring, oral, written, or im plied from circumstances, row in operation, or made or implied on or before October first, one thousand nine hundred and thirty-nine, shall be conclusively presumed to continue subject to the provisions of article three hereof, unless the employer shall on or before- said date either post at his plant, office or place of business a notice of his intention not to pay such compensation or unless either party shall, on or before said dale, in w rit ing, have notified the other party to such contract th at the provisions of article three hereof are not intended to apply, and unless there shall be filed with the depart ment a true copy of such notice, together with proof of posting or service, within the time and in the manner hereinabove prescribed: Provided, however, That the provisions of this section shall not be so construed as to impair the obligation of any contract now in force. Sncb posted notice shall constitute sufficient notice to all employes and to the parents and guardians of all minor employes, end a certified, copy of proof of posting or proof of service shall be prim a facie evidence of notice. It shall not be lawful for any officer or agent of this Commonwealth, or for any county, city, borough, town, or township therein, or for any officer or agent thereof, or for any other governmental authority cre ated by the laws of this Commonwealth, to give such notice of rejection of the provisions of this article to any employe of the Commonwealth or of such governmental agency. 3 (b) A fter October first, one thousand nine hundred and thirty-nine, an employer who permits the entry, upon premises occupied by him or under his control, of a laborer or an assistant hired by an employe or con tractor, for the performance upon such premises of a part of the employer's regular business entrusted to that employe or contractor, shall be conclusively pre sumed to have agreed to pay to such laborer or assistant compensation in accordance with the previsions of a r ticle three, unless the employer shah pout at his plant, office or place of business a notice of his intention not to pay such compensation, and unless there be filed with the department within twenty days thereafter, a true copy of such notice, together with proof of the posting c; the same, setting forth upon oath or affirmation the time, place, and manner of such posting; and after Oc tober first, one thousand nine hundred and thirty-nine, any such laborer or assistant who shall enter upon prem ises occupied by or under control of such employer, for the purpose of doing such work, shall be conclusively presumed to have agreed to accept the compensation provided in article three, in lieu of his right of action under article two, unless he shall have given notice in writing to the employer, at the tin e of entering upon such employer's premises for the purpose of doing his work, of his intention not to accept suc-h compensation, and unless within twenty days thereafter there shall have been filed with the department a true copy of such notice, accompanied by proof of service thereof upon such employer, setting forth under oath or affirmation the time, place, and manner of such service. And in such cases where article three binds such employer and such laborer or assistant, it shall not be in effect between the intermediate employer or contractor and such la borer or assistant, unless otherwise expressly agreed. (c) Any notice given hereunder by an employer to his employes need not be addressed to each employe in dividually, but may be addressed to all employes. Proof of service of any number of statements or notices may be made in one affidavit, but such affidavit shall state the time and place of each service. Section 303. Such agreement shall constitute an ac ceptance of all the provisions of article three of this act, and shall operate as a surrender by the parties thereto of their rights to any form or amount of compensation or damages for any disability or death resulting from occupational disease, or to any method of determination thereof, other than as provided in article three of this act. Such agreement shall hind the employer and his personal representatives, end the employe, his or her wife, or husband, widow or widower, nest of kin, and other dependents. / . i t e 1" October 1 . 1 S 3 '? Liable to aseI!e x : t i r e d fc} ar. e m pl o y e o' cor'ractor on premises Unieir cct'ce ported, t_c. O cto b e r l r li'Sfc- PreB^mpUon ci CC CtplA SC f D r.rllc'c tL*w by laborer o r L S I 1C lE X * . r c l `ce g'.Ten, ere Intermediate employer or contractor not liable. ucle<6 epreed other- frUe. Notices by em ployer to em ployes need pot be Individual. Acoeptciice Pereoni bound. n-t A-26 &A /. N / -y. A, % 54 T c m I t t 'Joa c ifritcirc::: ti :o ejJtrr'.'o r or tpa-cpirttlos c LTi cU liire. E x p lo rer to Sell izEiiraece. perd.. J-p^'Z.! cc A n z u *.1 e z t t z p t.o t per.otl. P.eceira]. r.evccfclJoB. ESeci. F tH cre of taployer to comply. P e n th r. EcfcrcRzesu Section 304. Any E le m e n t between employer and employe for the operation or non-operation of the pro visions of article three of this act may be determined by the posting of notice by the employer or by either party upon thirty days' notice to the other in v,-riting, if a copy of such notice, with proof of posting or proof of service, be filed in the department as provided in section three hundred and two of this article. Section 305, Every employer liable under this act to pay compensation shall insure the payment of ccmpensation in the State "Workmen's Insurance Fund, or in any insurance company, or mutual association or com pany, authorized to insure such liability in this Com monwealth, unless such employer shall he exempted by the department from such insurance. An employer de siring to be exempt from insuring the whole or ans pari of his liability for compensation shall make application to the department, showing his financial ability to pay such compensation, whereupon the department, if the applicant establishes his financial ability, shall issue to the applicant a permit authorizing such exemption. From a refusal of the department to issue such permit, an appeal shall lie to the court of common pleas of Dauphin County. In any such appeal, the only question shall be whether the department-abused its discretion in refusing such permit. The department shall establish a period of twelve calendar months, to begin and end at such times as the department shall prescribe, which shall be known as the annual exemption period Unless previously revoked, all permits issued under this sec tion shall expire and terminate .on the last day of the annual exemption period for which they were issued. Permits issued under this act shall be renewed upon the filing of an application. The department may, from time to time, require further statements of the financial ability of such employer, and, if at any time such em ployer appear no longer able to pay compensation, shall revoke its permit granting exemption, in which case the employer shall immediately subscribe to the State Work men's Insurance F und or insure his liability in any in surance company or mutual association or company, as aforesaid. I f any employer fails to comply with the provisions of this section, such employer shall he guilty of a mis demeanor, and, upon conviction thereof for every such failure, shall be sentenced to pay a fine of not less than one bnndred dollars or more than five hundred dollars, and costs of prosecution, or imprisonment for a period of not more than six months, or both, at the discretion of the court. Every day's violation shall constitute a separate offense. It shall' he the duty of the department to enforce tie provisions of this section; end it shell tn- A-27 vestigate ali violations that are brought to its notice and shall institute prosecutions for violations thereof. All oi fines recovered under the provisions of this section shah e` be paid by the clerk of the court to the department and by it paid into the State Treasury. Section 306. The following schedule of compensation is hereby established for total disability resulting from c" peE`* 'on' occupational disease, subject to the limitations of sec tion 301: (a) F or the first five hundred weeks after the sev- toui enth da)- of total disability sixty-sis, and two-thirds per dl5tbilU5' centum of the wages of the disabled employe as defined in section three hundred and nine ; but the compensation shall not be more than twenty dollars per week nor less than ten dollars per week, and shall not exceed in the aggregate the sum of ten thousand dollars : Provided, That if at the date when disability begins, the employe receives wages of less than ten dollars per week, then be shall receive the full amount of such wages per week as compensation, but in no event less than five dollars per Total disability week. Xothing in this clause shall require payment of compensation after disability shall cease. Should partial disability be followed by total disability, the period of five hundred weeks mentioned in this clause of this sec tion shall be reduced by the number of weeks during which compensation was paid for such partial disability. Isabimr" (b) For disability partial in character (except the particular cases mentioned in clause (c)) sixty-six and two-thirds per centum of the difference between the wages of the disabled employe, as defined in section three hundred and nine, and the earning power of the employe thereafter; but such compensation shall not be more than seventeen dollars per week. This compensa- Panm eieabu- tion shall be paid during the period of such partial disability, not, however, beyond three hundred weeks after the seventh day of (disability'. Should total disability be followed by partial disability, the period of three hun dred weeks mentioned in this clause shall be reduced by the number of weeks during which compensation was paid for total disability. The term " earning power," as ioLi^dsIbmr. "Earning used in this section, shall in no case be less than the povrer' weekly amount which the employe receives after dis ability begins. (c) For all disability resulting from loss or loss of the use of members resulting from occupational disease, the compensation shall be exclusively as follows: For the loss of a hand, sixtv-six and two-thirds per centum of wages during one hundred and seventy-five schedule {or Jobs o r Joss of use of members through occupstlonai disease. weeks. F or the loss of a forearm, sixty-six and two-thirds per centum of wages during one hundred and ninety-five weeks.