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§ 1415. Time for filing claims; claims for compensation in cases of death

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 77 P.S. Workers’ Compensation

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 77 P.S. Workers' Compensation (Refs & Annos)
Chapter 9. Occupational Diseases (Refs & Annos)
Article III. Elective Compensation
77 P.S. § 1415
§ 1415. Time for filing claims; claims for compensation in cases of death
In cases of disability all claims for compensation shall be forever barred, unless, within sixteen months after compensable disability begins, the parties shall have agreed upon the compensation payable under this article, or unless, within sixteen months after compensable disability begins, one of the parties shall have filed a petition as provided in article four hereof.1 Where, however, a person is receiving benefits pursuant to the act of June 28, 1935 (P.L. 477, No. 193), referred to as the Heart and Lung Act,2 the sixteen-month period in which parties must agree on compensation payable or file a petition for compensation in cases of personal injury or cases of death, shall not begin to run until the expiration of the receipt of benefits pursuant to the Heart and Lung Act. In cases of death all claims for compensation shall be forever barred, unless, within sixteen months after the death, the parties shall have agreed upon the compensation payable under this article, or unless, within sixteen months after the death, one of the parties shall have filed a petition as provided in article four hereof. Where, however, payments of compensation have been made in any case, said limitations shall not take effect until the expiration of sixteen months from the time of the making of the most recent payment made prior to the date of filing such petition.
In cases of total disability from silicosis, anthraco-silicosis, coal worker's pneumoconiosis, and asbestosis where the claim is allowed, compensation shall be payable and commence as of the date the claim is filed.

Credits

1939, June 21, P.L. 566, No. 284, § 315. Amended 1956, Feb. 28, P.L.(1955) 1095, § 1; 1965, P.L. 695, § 7, effective Dec. 1, 1965; 1974, April 4, P.L. 236, No. 55, § 2, effective in 90 days.

Footnotes

77 P.S. § 1501 et seq.
53 P.S. § 637 et seq.
77 P.S. § 1415, PA ST 77 P.S. § 1415
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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