Pennsylvania Occupational Disease Act

Topical Index

B-C | D | E | F-G | H-I | J-L | M | N | O | P | R | S | T-V | W
 
Subject
Section(s)
Acceptance of provisions of Act 302-303
Accrued unpaid installments at death of employe to be paid to dependents or estate 410
Admission of allegations in claim petition 416
Agent of employer, notice of injury 313
Agreed facts, petition on 411
Agreements: (topics to follow)
  acceptance of receipt when no payments made 407
  approval or disapproval 409
  compromise invalid 407
  credit allowed for payments made prior to notice or approval 409
  legal services or disbursements 501
  mailing and delivery of 403 / 409
  may be signed by any employe of whatever age or dependent who has attained the
  age of sixteen
407
  modification, suspension, termination and reinstatement of 408 / 413
  other than provided in Article III, invalid 204
  setting aside of 407
  supplemental agreements 407-408
  time requirement for 315
  to be executed in triplicate 409
  to be in writing and agreed to by all parties in interest 407
  waiting period 407
Aliens, eligibility for compensation 310
Allegations in claim petition, denial and admission of 416
Amputation 306(c)
Answers to petitions: (topics to follow)
  extension of time for filing 406 / 423
  failure to file 416
  service on parties by board or referee 417
  to be filed within twenty days 416
Appeals to board: (topics to follow)
  commutation of payments, authority to approve 316
  from referee’s decision 423
  hearings, de novo 425
  hearings, public 421
  impartial physician, board’s authority to appoint 420
  lien against compensation, board’s approval of 501
  on question of fact, because of fraud coercion or improper conduct 423 / 425
  powers and duties of board on appeal 423-426
  rehearing of petitions 425-426
  remand cases to referees on appeal, board’s authority to 419
  statutory rules of evidence not binding on board 422
  subpoena, board’s authority to 418
  supersedeas 413
  time may be extended upon cause shown 406 / 423
  to be filed within twenty days 423
Appeals to court: (topics to follow)
  board to be notified of decisions by prothonotary 427
  certiorari to board 427
  court may remit record for more specific finding 427
  judgment to be entered for full amount of award of affirmed 427
  matters to be contained in appeal 427
  may be taken on matters of law 427
  notice of, with copy of exceptions to be filed with prothonotary and copy served
  upon adverse party
427
  record to be remitted to board after final disposition 427
  record to be remitted to board for further hearing and determination if exceptions
  are sustained
427
  time may be extended by court upon cause shown 406-427
Appeals, generally: (topics to follow)
  bond may be filed, approval of by board 430
  lien of any judgment not to be divested by appeal 430
Assignment: (topics to follow)
  of case to another referee by board 419
  of claims for payment 318-319
  of compensation for debt prohibited 318
  of petitions 414-419
  of question of fact to referee 419
Attachment, claims for payment exempt from 318
Average weekly wage, as defined and determined for purposes of Article III 309
Award: (topics to follow)
  board’s authority to order 423 / 413 / 418
  Federal suspension of compensation 301(k)
  lien against 501
  referee’s authority to order 413 / 418
  satisfaction of award by payment into trust of future installments 317
  service of copy of by Department 405-406
  termination, modification, suspension and reinstatement of 413
B-C
Board (See Appeals to board)
Bond: (topics to follow)
  for contested lien 430
  for minors or insane 307(8)
  may be required in case of appeal 430
Brothers or sisters, payment to 307(7-8) / 310
Burial expenses, paid to undertaker 307(8)
Casual employment 104
Certificate of employment, minors 320(e-f)
Certification by Department, decisions 428
Change of status of dependents or in degree of disability employe 307 / 408 / 413
Children, schedule of compensation 307
Claim petition: (topics to follow)
  admission of allegations in 416
  answers to, failure to file 416
  compensation due, failure to agree on 410
  generally 315-410
  mailing and delivery of 403
Claimant (See Employe)
Claims for compensation, exempt from creditors, levy, execution or attachment 318
Claims for payment, assignability of 318-319
Commutation: (topics to follow)
  may be referred to referee for testimony 419
  of legal services and disbursements by board 501
  petitions to be heard by board 414
  when subject to order by board 316
Compensation: (topics to follow)
  agreement for, Department’s examination of 409
  agreement for, modification, suspension, reinstatement, or termination of 408 / 413
  aliens, not residents of U.S., eligibility for compensation 310
  amounts payable by employer 301(a)(2) /
301(g-l) / 306-308
  apportionment of between Department and employer 308
  benefits received from associations, societies or funds, not affecting
  compensation
204
  Commonwealth liability 301(a)(2) /
301(g-l) / 308
  credits against for unemployment compensation received by employe 204
  default in payments 428
  determination of compensation where facts are agreed upon 411
  distribution of compensation 307 / 310 / 410
  earning power of employe 306(a-b)
  execution of judgment for compensation due 428
  exempt from creditors, levy, execution of judgment 318 / 410
  failure to agree on compensation due 410-411
  for death 306(g) / 307
  for silicosis, anthracosilicosis, coal workers’ pneumoconiosis and asbestosis, payable
  as of date claim filed
315
  funeral expenses 307(8)
  interest on unpaid compensation 410
  judgment for compensation due 428
  lien against 501
  loco parentis, qualifying children for death compensation 307(8)
  maximum compensation payable 301(a)(2) / 306
  medical, surgical, hospital services, payment for 306(f)
  meretricious relationship affecting eligibility for death compensation 307(8)
  minors, compensation for 320
  modification of compensation 408 / 413
  partial disability becoming total 306(b)
  partial disability, compensation payable for 306(b)
  payment upon execution of agreement 409
  posthumous children, eligibility for death compensation 307(8)
  preference of right to compensation 318
  prepayment of future installments into trust 317
  priority of employe’s claim for compensation 318
  prostitution, affecting eligibility for death compensation 307(8)
  receipt for compensation 407
  reinstatement of 408 / 413
  remarriage of spouse, affecting eligibility for death compensation 307(8)
  residency requirements 301(i)
  satisfaction of award by payment into trust of future installments 317
  schedule for specific loss or amputation 306(c)
  schedule of compensation payable 306
  statute of limitations of notice requirements affecting compensation payable 311
  stepchildren, eligibility for death compensation 307(8)
  subrogation right against 319
  supplemental agreements for compensation, Department’s examination of 409 / 413
  suspension of compensation payable by Commonwealth upon receipt of certain
  Federal benefits
301(k)
  suspension of compensation, generally 408 / 413
  temporary total disability, compensation for 306(d)
  termination of compensation 408 / 413
  termination of compensation payable to widow or widower 307(8)
  total disability, compensation for 306(a)
  total disability to partial disability, compensation for 306(a)
  trust, payment of future installments 317
  wages, combined with compensation 306(b-c)
  wages, for calculation of 309
Compromise settlement prohibited 407
Concurrent contracts of employment 309(e)
Constitutionality of Act 503
Contract of hiring 302 / 309
Contractor 105 / 203 / 302
Control by employer 202
Course of employment 301(a) / 301(c)
Credits against compensation, unemployment compensation 204
D
Damages by action at law 201-205
Death: (topics to follow)
  compensation for 307
  from other causes 306(g)
Decisions of board or of referees: (topics to follow)
  copy to be served by mail on all parties in interest 405
  generally 418
Default in payment of compensation 428
Defenses: (topics to follow)
  intentional wrong of employe 205
  military activities resulting in injuries 109
  misrepresentation of age by minor excluded 301(b)
  negligence of fellow employe excluded 202
  violation of law resulting in injury 301(a)(1)
Definitions of terms: (topics to follow)
  board 107
  department 107
  child and children 307(8)
  contractor 105
  employe (servant) 104
  employer (master) 103
  independent contractor 105
  referee 107
  singular and plural 102
  wages 309
Delay in transmission of papers, allowance to be made for any party’s failure within the prescribed time to assert any right given him by this Act 406
Depositions may be taken within or outside of Commonwealth 422
Depository, sum equal to all future installments may be paid to and disbursed by trustees approved by board 317
Disability: (topics to follow)
  compensation for 301 / 306
  decrease in 408 / 413
  increase in 408 / 413
  partial disability becoming total 306(b)
  partial disability, compensation payable for 306(b)
  recurrence of 408 / 413
  temporary total disability 306(d)
  termination of 408 / 413
  total disability becoming partial 306(b)
  total disability, compensation payable for 306(a)
Diseases covered by Act 108
Disfigurement 306(c)
Domestic services (servants) 305
E
Earning power of employe 306(a-b)
Employe: (topics to follow)
  casual employment excluded 104
  Commonwealth and its agencies as employer 103
  corporate officer as employe 104
  death, liability of employer for 301(a)
  definition of 104
  elected official excluded as 104
  executive officer 104
  fellow employe, employe’s liability for disability or death of 205
  home worker 104
  injured from employment within Commonwealth 101
  intentional wrong, liability for 205
  laborer or assistant hired by employe 203
  liability for employer hired by employe or contractor 203
  minors employed in violation of law 301(b)
  misrepresentations of age by minor 301(b)
  negligence by 201-301(a)
  presence on property of under control management and supervision of employer 202
  priority of claim for compensation 318
  return to work resulting in suspension 413
  violation of law resulting in injury 301(a)
Employer: (topics to follow)
  agent’s receipt of notice of injury 313
  Commonwealth and its agencies as employer 103
  control by 202
  corporations 103
  default in compensation payments 428
  definition of 103
  insurance coverage required by 305
  insurer defined as employer 401
  governmental authority 103
  knowledge of injury by 311 / 313
  liability for employe hired by employe or contractor 203 / 302(b)
  lien on property of when in default 428
  multiple employers 301(g)
  partnerships 103
  petitions by employer, hearing of 403 / 404
  subrogation, right to 319
  supplemental agreements, duty to provide copies of 409
Employment: (topics to follow)
  casual employment 104
  duty to report 311
  hazardous occupation or industry, presumption of disease arising from 301(f)
  multiple employers 301(g)
  presumption of disease arising from 301(f)
  within the Commonwealth of Pennsylvania 101 / 301(d)
Error of law, appeals based on 424
Estate, payments to 306(g) / 410
Evidence: (topics to follow)
  board’s and referee’s authority to hear 413 / 425
  laboratory tests 422
  medical and hospital records 422
  statutory rules not binding on board or referee 422
Examination by physician 314
Execution, claim for payment exempt from 318
Execution of judgment for compensation due claimant 428
Executive officer as employe 104
Exemption from insuring compensation liability 305
Expert, use of 420
Extension of time for filing answers or appeals 406
Extraterritorial provisions (Article I) 101
F-G
Facts, findings of by board or referee 418
Fees of physician for medial examination of employe 314
Filing of bond by person other than guardian to whom death compensation is paid 307(8)
Final receipt 434
Findings of fact of referee or board 418
Fines, failure to comply with insurance provisions 305
Finger loss 306(c)
Forfeiture of compensation by employe for refusal to submit to expert interview or physical exam 314
Fraud, basis for appeal 425
Funeral expenses paid to undertaker 307(8)
Governmental authority 103 / 302(a)
Gratuities, as used in determining wages 309(e)
Guardian, payment to 307
H-I
Hazardous occupation or industry, presumption of disease arising from 301(f)
Hearings: (topics to follow)
  before board and referee 413 / 418
  de novo, board’s authority to grant 425
  in general 411-426
  notice of to parties 414 / 417
  open to public 421
  rules and regulations governing 422
  time and place of, set by board or referee 417
Hospital: (topics to follow)
  records 422
  services 306(f)
Immunities of employer extended to insurer 305
Impartial physician 420
Insurance carrier, substitution of liability 401
Insurance, of liability 305
Interest on unpaid compensation 410
Interpretation and definition of the Act 101
J-L
Judge (See Referee)
Judgment: (topics to follow)
  compensation due, judgment for 428
  reduction of, both partial and total 429
  satisfaction of 429
Judgment lien, not divested by appeal 430
Jurisdiction 101
Legal services, approval of fees, lien against compensation 501
Levy, claims for payment exempt from 308
Liability for additional compensation: (topics to follow)
  of Commonwealth 301(a)(2)
  of employer 320
  of insurance carrier 320
Lien: (topics to follow)
  agreement or award may be filed as 428
  bond may be filed, to be approved by board 430
  claim for legal services lien against compensation payments 501
  claim petition may be filed as 428
  costs 431
  execution shall not issue until agreement has been approved or award
  made
428
  how to be issued 428
  how to be stricken off 428
  judgment to be entered for amount claimed 428
  modification of judgment 428-430
  no other lien to gain priority pending approval of agreement or making of award 428
  not to be divested by appeal 430
  satisfaction of judgment 428-430
Limitation: (topics to follow)
  of actions 315
  of petition for rehearing 426
  of review, modification, reinstatement, suspension or termination 413
Local authorities, exercise of powers and duties 106
Loco parentis, qualifying children for death compensation 307(8)
Loss of members, schedule of compensation for 306(c)
Loss of wages affecting suspension of compensation 413
M
Mailing of petitions and agreements for compensation 403
Maximum and minimum payments 306 / 307
Medical exams 314
Medical records, duty to furnish 314
Medical, surgical and hospital services 306(f)
Meretricious relationship affecting eligibility for death compensation 307(8)
Minors: (topics to follow)
  acceptance or rejection of act 302(a)
  additional compensation for illegally employed 320
  age certificate 320
  agreements and receipts executed by dependents who have attained the
  age of sixteen valid and binding
407
  agreements and receipts executed by injured employe of whatever age,
  valid and binding
407
  compensation collection in absence of guardian, board may designate
  substitute
307(7)
  employed in violation of law 301(b)
  employment certificate 320
  illegal employment 320
  misrepresentation of age by minor to obtain employment 301(b)
  right to receipt of compensation by 301(b) / 320
Modification: (topics to follow)
  service of copy of by department 405-406
  supplemental agreement, authority of board and referee 413
  supplemental agreement for 407-408
Multiple employers 301(g)
Municipal corporations as employer 103
N
Natural persons: (topics to follow)
  as employe 104
  as employer 103
Negligence of employe or fellow employe, liability of employer for 202-301(a)
Notice: (topics to follow)
  by Department of decision of referee or board 405
  by principal employer of intention not be pay compensation to employes
  of subcontractor
302(b)
  of acceptance or rejection of act 302(b)
  of appeal from decision of board 427
  of approval or disapproval of agreement 409
  of assignment to board or referee 414
  of date when served 406
  of hearing on petition by board 425
  of hearings before board or referee 417
  of prothonotary to board and to parties of decision of court 427
  to be served by mail 406
  to board by prothonotary, of decision of court 427
  to employer of disability 311-313
O
Occupational disease provisions: (topics to follow)
  Commonwealth of Pennsylvania, employment within 301(d)
  death, time requirement for compensation 301(c)
  Department of Labor and Industry, party in interest in any proceedings 401
  diseases covered 108
  disease peculiar to the occupation or industry 301
  disease resulting solely from military activities not compensable 109
  employer liable 301(g)
  employment, presumption of disease arising from 301(f)
  exposure date 301(c)
  hazardous occupation or industry, presumption of disease arising out of 301(f)
  last exposure 301(c) / 315
  liability of Commonwealth 301(a)(2) /
301(g-l) / 308
  maximum compensation 301
  multiple employers 301(g)
  payments in installments 301
  presumption disease caused by special hazard of industry 301
  silicosis, anthraco-silicosis, pneumoconiosis or asbestosis, total disability
  or death only
301(e)
  silicosis or anthraco-silicosis, pneumoconiosis or asbestosis, length of employment 301(d-e)
  statute of limitations affecting compensation 301(c-d)
P
Parents, when entitled to compensation 307(6)
Partial disability 306(b)
Parties, notice of hearing served upon 414
Partnerships as employers 103
Payments 306-308
Penalty for: (topics to follow)
  failure of employer to comply with insurance provisions 305
  illegal employment of minor 320
Permanent injuries 306(a-c)
Petitions: (topics to follow)
  assignment of petition to board or referee 414
  assignment of petition to substitute referee 415
  final receipt, provisions for 434
  hearing of 414
  mailing and delivery of 403
  modify compensation, petition to 413
  physical examination petition to board or referee by employer for
  examination of employe
314
  rehearing of, board’s authority to grant 426
  reinstate, petition to 413
  review, petition to 413
  set aside, petition to 413
  suspend, petition to 413
  terminate, petition to 413
Physical examination of employe 314
Physician: (topics to follow)
  affidavit of admissible as evidence 422
  compensation for services of 420
  impartial physicians 420
  report of, part of record 422
  selection of by employe for physical examination 314
Posthumous children, eligibility for death compensation 307(8)
Prepayment of future installments into trust 317
Prescription drugs 306(f)
Primary liability of contractor 302(b)
Principal employer 302
Priority of employe’s claim for compensation 318
Proceedings: (topics to follow)
  filing, docketing, etc. 404
  petitions, appeals, and other matters requiring action by the board to be
  mailed or delivered to bureau at its principal office
403
Property of employer, control, management and supervision limiting liability 202
Prosthesis or artificial limb, employer’s liability for 306(f)
Prostitution, affecting eligibility 307(8)
Prothonotary, cost for 431
Public authorities 106 / 302(a)
R
Reassignment of petitions 415
Receipt, final may be set aside 434
Receipt for compensation paid 407
Receipt of benefits from associations, societies or funds 204
Recovery from disability, resulting in suspension 413
Recurrence of injury or disability 408
Referee: (topics to follow)
  award by 413 / 418
  books, authority to order production of 418
  conclusion of law, duty to make 418
  decision of referee, certification by Department 428
  evidence, referee’s authority to hear 413 / 418-419
  expert, authority of referee to use 420
  facts, findings of 413 / 418
  final receipt, referee’s authority to set aside 434
  hearing, time and place fixed by referee 417
  hearings by referee 411-422
  impartial physician, referee’s authority to appoint 420
  investigation of facts, referee’s authority to order 420
  notice served to all parties of time and place of hearing 417
  physical examination of employe, authority to order 314
  review, modify or set aside agreement or supplemental agreement, authority to 413
  service of answer to all parties 417
  statutory rules of evidence not binding on 422
  subpoena, authority of referee to 413 / 418
  substitution for 415
  witness 413
Rehearing 425
Reinstatement of agreement or award 413
Rejection of Act 302
Release, except by agreement as defined in Article III invalid and against public policy 204
Remand of cases to referee by board 419
Remarriage of spouse, eligibility for death compensation 307(8)
Request by employer for expert interview or physical examination of employe 314
Residency requirements 301(i)
Review of agreement and supplemental agreement, authority of board and referee to 413
S
Satisfaction of judgment 429
Schedule of compensation 306
Scope of employment 202
Self-insurance 305
Service: (topics to follow)
  of answers to all parties 417
  of copy of action taken on petitions 405-406
  of notice of time and place of hearing 417
Setting aside of agreement or notice of compensation 407 / 413
Sister or brother, payment to 307 / 410
Status of dependents, change in 408 / 413
Statute of limitations: (topics to follow)
  aliens, compensation payable to affected by 310
  appeals from referee’s decision 423
  date of disability 301(c)
  exposure, length of 301(d)
  extension of by board for filing appeals, answers or pleadings 423
  filing answer 416
  filing claim for death benefits 315
  filing claim for injury 315
  filing for agreement 315
  final receipt, setting aside of 434
  generally 301(c-d) / 315
  hearing any petition 417
  not a bar to certain claims 301(i)
  notice required of employe injury 311
  rehearing of petition 425-426
  time and place for hearing, fixing of 417
Stepchildren eligibility for death compensation 307(8) / 410
Subcontractor 302(b)
Subpoena 413 / 418
Subrogation 319
Supersedeas 413
Supplemental agreement 408-409
Suspension of agreement, supplemental agreement and award 413
Suspension, supplemental agreement for 407-408
T-V
Temporary total disability 306(d)
Termination of acceptance or rejection of Act 304
Termination of agreement, supplemental agreement or award 413
Termination of injury or disability 408 / 413
Termination, supplemental agreement for 407-408 / 413
Third party claims, subrogation thereof 319
Tips, as used in determining wages 309(e)
Total disability 306(a)
Total wages, as defined and determined for purposes of Article III 309(e)
Traveling expenses incurred due to medical exam 314
Unemployment compensation, receipt of 204
Unpaid compensation, interest on 410
Violation of law resulting in injury
301(a)(1)
W
Wages for compensation rate 309
Waiting period 306
Widow or widower, when entitled to compensation 307
Witnesses: (topics to follow)
  affidavit of, admissible as evidence 422
  board’s or referee’s authority to call witness 413
  fees 420
Writing, referee’s authority to order production of 418
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