Pennsylvania HB 2049: An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, in liability and compensation, further providing for computation of benefits.

Bill Text

PRIOR PRINTER'S NO. 2624 PRINTER'S NO. 3572
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2049
Session of
2025
INTRODUCED BY BRENNAN, MIHALEK, O'MARA, POWELL, GIRAL, MADDEN,
PROKOPIAK, HILL-EVANS, PROBST, McNEILL, WAXMAN, FREEMAN,
McANDREW, DOUGHERTY, SANCHEZ, HARKINS, MALAGARI, GALLAGHER,
D. WILLIAMS, CERRATO, PARKER AND KHAN, NOVEMBER 18, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 9, 2026
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "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," in liability and
compensation, further providing for computation of benefits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 307(7) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act, is
amended to read:
Section 307. In case of death, compensation shall be
computed on the following basis, and distributed to the
following persons: Provided, That in no case shall the wages of
the deceased be taken to be less than fifty per centum of the
Statewide average weekly wage for purposes of this section:
* * *
(7) Whether or not there be dependents as aforesaid, the
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reasonable expense of burial, not exceeding [seven thousand
dollars ($7,000)] twenty thousand dollars ($20,000), which shall
be paid by the employer or insurer directly to the undertaker
(without deduction of any amounts theretofore paid for
compensation or for medical expenses). On January 1, 2027, and
each January 1 thereafter, the department shall adjust the
maximum burial expense to reflect the annual percentage change
in the Consumer Price Index for All Urban Consumers (CPI-U) for
the Pennsylvania, New Jersey, Delaware and Maryland area,
rounded to the nearest dollar. The department shall immediately
submit the adjusted amount to the Legislative Reference Bureau
for publication as a notice in the next available issue of the
Pennsylvania Bulletin. THE AMOUNT OF MONEY PAID TO THE
UNDERTAKER UNDER THIS CLAUSE IN EXCESS OF THE ACTUAL EXPENSES OF
BURIAL SHALL BE REFUNDED, WITHOUT DEDUCTION, DIRECTLY TO THE
SURVIVING SPOUSE OR OTHER DEPENDENTS OF THE DECEASED IN THE
ORDER PROVIDED IN SECTION 306(G). THE FOLLOWING SHALL APPLY:
(A) THE EMPLOYER OR INSURER SHALL PROVIDE WRITTEN NOTICE TO
THE UNDERTAKER OF THE RESPONSIBILITY TO REFUND EXCESS MONEY PAID
TO THE SURVIVING SPOUSE OR OTHER DEPENDENTS OF THE DECEASED. THE
NOTICE SHALL INCLUDE AN EXPLANATION OF THE ORDER OF SUCCESSION
PROVIDED IN SECTION 306(G) AND A COPY OF THE FORM TO OBTAIN
NOTARIZED ACKNOWLEDGMENT UNDER SUBSECTION (B)(2).
(B) WHEN REFUNDING EXCESS MONEY UNDER THIS SECTION, THE
UNDERTAKER SHALL:
(1) PROVIDE AN ITEMIZED ACCOUNTING OF EXPENSES RELATED TO
THE BURIAL WITH THE REFUNDED MONEY.
(2) OBTAIN A NOTARIZED ACKNOWLEDGMENT THAT THE PERSON TO
WHOM A REFUND IS PAID IS ENTITLED TO THE MONEY UNDER THIS
CLAUSE.
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(C) IN THE EVENT OF A DISPUTE RELATED TO PAYMENT, AFTER THE
EXPIRATION OF SIXTY DAYS FROM THE PROVISION OF ALL SERVICES
RELATED TO THE BURIAL, A PETITION MAY BE FILED WITH THE
DEPARTMENT FOR REVIEW BY A WORKERS' COMPENSATION JUDGE. THE
FOLLOWING SHALL APPLY:
(1) THE WORKERS' COMPENSATION JUDGE MAY ISSUE AN ORDER TO
RESOLVE ANY DISPUTE RELATED TO PAYMENT OR SERVICES PROVIDED.
(2) AN UNDERTAKER MAY NOT BE REQUIRED TO REFUND ADDITIONAL
MONEY IF THE UNDERTAKER COMPLIED WITH SUBSECTION (B) AND
REFUNDED THE MONEY AS THE RESULT OF A GOOD FAITH ERROR.
(3) THE WORKERS' COMPENSATION JUDGE SHALL HAVE THE POWER TO
IMPOSE PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS
CLAUSE, SUBJECT TO THE LIMITATIONS ON PENALTIES FOR EMPLOYERS
AND INSURERS UNDER SECTION 435(D).
(D) THE DEPARTMENT SHALL CREATE THE FOLLOWING FORMS AND POST
THE FORMS ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE:
(1) A SAMPLE NOTICE SUFFICIENT TO MEET THE REQUIREMENTS FOR
THE EMPLOYER OR INSURER TO PROVIDE WRITTEN NOTICE TO THE
UNDERTAKER UNDER SUBSECTION (A).
(2) AN ACKNOWLEDGMENT FORM SUFFICIENT TO MEET THE
REQUIREMENT OF SUBSECTION (B)(2).
(E) THE WORKERS' COMPENSATION ADVISORY COUNCIL SHALL REVIEW
THE BURIAL BENEFIT UNDER THIS CLAUSE AT FIVE-YEAR INTERVALS AND
REPORT TO THE GENERAL ASSEMBLY ON ITS FINDINGS, INCLUDING THE
IMPACT OF INFLATION ON THE MAXIMUM BENEFIT, TYPICAL COSTS
RELATED TO BURIAL IN DIFFERENT REGIONS OF THIS COMMONWEALTH, THE
ADMINISTRATION OF THE BENEFIT BY EMPLOYERS AND INSURERS AND THE
WORKERS' COMPENSATION ADVISORY COUNCIL'S RECOMMENDATIONS TO THE
GENERAL ASSEMBLY. THE WORKERS' COMPENSATION ADVISORY COUNCIL
SHALL SUBMIT A REPORT TO THE CHAIRPERSON AND MINORITY
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