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§ 2703. Claims

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 77 P.S. Workers’ CompensationEffective: October 24, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 77 P.S. Workers' Compensation (Refs & Annos)
Chapter 12. Uninsured Employers Guaranty Fund (Refs & Annos)
Effective: October 24, 2018
77 P.S. § 2703
§ 2703. Claims
Currentness
(a) Scope.--This section shall apply to claims for an injury or a death which occurs on or after the effective date of this article.
<Section 4(2) of Act 2018, Oct. 24, P.L. 804, No. 132, imd. effective, provides that the amendment of 77 P.S. § 2703(b) by that Act shall apply retroactively to claims existing as of Oct. 24, 2018, for which compensation has not been paid or awarded.>
(b) Time.--An injured worker shall notify the fund within 45 days after the worker has been advised by the employer or another source that the employer was uninsured. The department shall have adequate time to monitor the claim and shall determine the obligations of the employer. No employee shall receive compensation from the fund unless:
(1) the employee notifies the fund within the time period specified in this subsection; and
(2) the department determines that the employer failed to voluntarily accept and pay the claim or subsequently defaulted on payments of compensation.
(c) Process.--After notice, the fund shall process the claim in accordance with the provisions of this act.
<Section 4(1) of Act 2018, Oct. 24, P.L. 804, No. 132, imd. effective, provides that the amendment of 77 P.S. § 2703(d) by that Act shall apply to every claim in which notice under section 77 P.S. § 2703 of the act is provided to the fund on or after Oct. 24, 2018.>
(d) Petitions.--
(1) No claim petition may be filed against the fund until at least 21 days after notice of the claim is made to the fund.
(2) A claim petition shall be filed within 180 days after notice of the claim is made to the fund. If the time requirement under this paragraph is not met, a claim petition shall not be allowed.
<Section 4(1) of Act 2018, Oct. 24, P.L. 804, No. 132, imd. effective, provides that the addition of 77 P.S. § 2703(e) by that Act shall apply to every claim in which notice under section 77 P.S. § 2703 of the act is provided to the fund on or after Oct. 24, 2018.>
(e) List of providers.--
(1) The fund may establish lists of at least six designated health care providers that are accessible in each county in specialties relevant to the treatment of work injuries in this Commonwealth, as referenced in section 306(f.1)(1).1
(2) If the fund establishes a list under paragraph (1), the fund shall be responsible only to reimburse expenses of medical treatments, services and accommodations rendered by the physicians or other health care providers that are designated on the list for the period provided in section 306(f.1)(1) from the date of the employee's notice to the fund under subsection (b).
(3) On the notice under subsection (b), the fund shall:
(i) provide access to the list of designated providers to the employee; and
(ii) notify the employee of the requirements of this subsection.
(4) If the employee receives medical treatments, services or accommodations from a health care provider that is not designated on the list, the fund shall be relieved of liability for the payment of medical treatments, services or accommodations rendered during the period provided in section 306(f.1)(1) from the date of the employee's notice to the fund under subsection (b).

Credits

1915, June 2, P.L. 736, No. 338, art. XVI, § 1603, 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

1
77 P.S. § 531(1).
77 P.S. § 2703, PA ST 77 P.S. § 2703
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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