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.

PRIOR PRINTER'S NO.

2624 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

20493572 2025THE INTRODUCEDGENERAL BYASSEMBLY BRENNAN,OF MIHALEK,PENNSYLVANIA O'MARA,HOUSE POWELL,BILL GIRAL,Session MADDEN,of PROKOPIAK,No. HILL-EVANS, PROBST, McNEILL, WAXMAN, FREEMAN, McANDREW, DOUGHERTY, SANCHEZ, HARKINS, MALAGARI, GALLAGHER AND D.

WILLIAMS,2049 NOVEMBER 18, 2025 REFERREDINTRODUCED TOBY COMMITTEEBRENNAN, ONMIHALEK, LABORO'MARA, ANDPOWELL, INDUSTRY,GIRAL, NOVEMBERMADDEN, 18,PROKOPIAK, 2025HILL-EVANS, ANPROBST, ACTMcNEILL, AmendingWAXMAN, theFREEMAN, actMcANDREW, ofDOUGHERTY, JuneSANCHEZ, 2,HARKINS, 1915MALAGARI, (P.L.736,GALLAGHER, No.338),D. entitled "An act defining the liability of an employer to pay damages for injuries received by an employe in the course of employment;

procedureWILLIAMS, forCERRATO, PARKER AND KHAN, NOVEMBER 18, 2025 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 9, 2026 AN ACT Amending the determinationact of June 2, 1915 (P.L.736, No.338), entitled "An act defining the liability andof compensationan thereunder;employer to pay damages for establishing an elective schedule of compensation;

providing procedure for the determination of liability and compensation thereunder;

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 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.

20250HB2049PN3572 - 2 - (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 20250HB2049PN3572 - 3 - CHAIRPERSON OF THE LABOR AND INDUSTRY COMMITTEE OF THE SENATE AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE LABOR AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER THAN JULY 1, 2031, AND JULY 1 EVERY FIVE YEARS THEREAFTER.

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