§ 2704. Claim petition
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 77 P.S. Workers’ CompensationEffective: October 24, 2018
Effective: October 24, 2018
77 P.S. § 2704
§ 2704. Claim petition
<Section 4(2) of Act 2018, Oct. 24, P.L. 804, No. 132, imd. effective, provides that the amendment of 77 P.S. § 2704 by that Act shall apply retroactively to claims existing as of Oct. 24, 2018, for which compensation has not been paid or awarded.>
(a) Authorization.--If a claim for compensation is filed under this article and the claim is not voluntarily accepted as compensable, the employee may file a claim petition naming both the employer and the fund as defendants. Failure of the uninsured employer to answer a claim petition shall not serve as an admission or otherwise bind the fund under section 416.1
(c) Limitation on wage loss payments.--If a judge accepts testimony and finds it to be credible under subsection (b)(7) as the sole basis for determining wage loss payments, without supporting evidence established in subsection (b)(1), (2), (3), (4), (5) or (6), the wage loss payment rate shall be 66.6% of the average weekly wage for the claimant's occupation. The judge may reduce the average weekly wage loss payment upon the submission of evidence indicating a lesser wage amount or based on the claimant's length of employment with the employer. For the purposes of this subsection, the term “average weekly wage” is the average weekly wage for the claimant's occupation by metropolitan statistical area, as determined by the United States Department of Labor for the calendar year prior to the year in which the claimant's injury occurred, and shall be based on the metropolitan statistical area in which the claimant's injury occurred.
Credits
1915, June 2, P.L. 736, No. 338, art. XVI, § 1604, added 2006, Nov. 9, P.L. 1362, No. 147, § 7, effective in 60 days [Jan. 8, 2007]. Amended 2018, Oct. 24, P.L. 804, No. 132, § 2.1, imd. effective.
Footnotes
77 P.S. § 821.
77 P.S. § 2704, PA ST 77 P.S. § 2704
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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