Pennsylvania Act 1933-328 — WORKMEN'S COMPENSATION LIABILITY OF CHARITABLE INSTITUTE'S

Act text

WORKMEN'S COMPENSATION LIABILITY OF CHARITABLE INSTITUTE'S
                 Act of Jun. 3, 1933, P.L. 1515, No. 328              Cl. 77
                               A SUPPLEMENT

     To the act, approved the second day of June, one thousand nine
        hundred and fifteen (Pamphlet Laws, seven hundred thirty-
        six), 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; and providing procedure for the determination
        of liability and compensation thereunder"; defining the
        liability of public or charitable bodies, corporations and
        institutions to pay workmen's compensation to persons injured
        in work relief employment and to carry insurance therefor,
        and the rights of persons injured in such employment;
        establishing the State Work Relief Compensation Fund to
        provide such compensation in certain cases, and providing for
        the administration of such fund by the State Workmen's
        Insurance Fund; and making an appropriation therefor.

        Section 1.  Be it enacted, &c., That when used in this act,
     the following terms shall have the meanings ascribed to them by
     this section, unless the context clearly requires a different
     meaning:
        (a)  The term "work relief employe" shall mean any person
     engaged in work for any public or charitable body, corporation
     or institution, by direction or assignment of the State
     Emergency Relief Board, or a county emergency relief board, or
     other agency of the State Emergency Relief Board, in return for
     cash or commodities furnished by or through the action of the
     State Emergency Relief Board as unemployment relief.
        (b)  The term "the act to which this is a supplement" shall
     mean "The Workmen's Compensation Act of one thousand nine
     hundred and fifteen," and all supplements and amendments
     thereto.
        (c)  The term "work relief employer" shall mean any public or
     charitable body, corporation or institution employing any work
     relief employe, as defined in subsection (a) of this section.
        Section 2.  No compensation shall be payable to injured work
     relief employes during the first twenty-six weeks of disability:
     Provided, however, That this section shall not apply to injuries
     compensable under subsections (c) and (e) of section three
     hundred and six or section three hundred and seven of the act to
     which this is a supplement.
        Section 3.  Work relief employes, as herein defined, are
     hereby declared to be employes of work relief employers for all
     purposes of the act to which this is a supplement. Any work
     relief employer who shall desire to be relieved of this
     liability to such work relief employe shall pay into the State
     Treasury the amounts provided in section four of this act.
     Payments to the State Treasurer of such amounts shall relieve
     the work relief employer of all further obligation for
     compensation to the work relief employe, or his dependents, and
     from obligation to carry insurance for such compensation, and
     shall exclude such liability from policies of insurance covering
     other types of employment.
        Section 4.  Each work relief employer, contributing to the
     State Work Relief Compensation Fund, shall pay to it twenty-five
     cents per week for each work relief employe used by such work
     relief employer: Provided, however, That the Insurance
     Commissioner shall, from time to time, review the adequacy of
     this rate and modify it as circumstances require.
        Section 5.  The moneys paid into the State Treasury under the
     provisions of this act shall be kept in a special fund, to be
     known as the "State Work Relief Compensation Fund." The State
     Workmen's Insurance Fund shall administer the State Work Relief
     Compensation Fund, and shall determine the amounts due from each
     work relief employer, collect the amounts so due, transfer them
     to the State Work Relief Compensation Fund, and pay out from
     such fund the amounts due in accordance with the provisions of
     this act. The moneys of the State Work Relief Compensation Fund
     are hereby expressly appropriated to the State Workmen's
     Insurance Fund for the purpose of this act. As compensation for
     administration of the State Work Relief Compensation Fund, the
     State Workmen's Insurance Fund shall receive from the said fund
     seventeen and one-half per centum of the moneys paid from such
     fund in each month for workmen's compensation, medical,
     surgical, hospital services, supplies, and funeral expenses.
        Section 6.  From the State Work Relief Compensation Fund, the
     State Workmen's Insurance Fund shall pay to injured work relief
     employes, and their dependents, the benefits and compensation
     prescribed by the act to which this is a supplement, as modified
     by this act. Payments of medical, surgical, hospital services,
     and supplies and funeral expenses may, in the discretion of the
     State Workmen's Insurance Fund, be paid upon certificate of the
     work relief employer, as herein defined, when accompanied by a
     certificate from the county emergency relief board, or other
     agency of the State Emergency Relief Board, certifying that the
     injury for which claim is made was sustained in the course of
     work relief employment. Compensation payments to injured work
     relief employes, or their dependents, shall be made only upon a
     final award of a workmen's compensation referee, or the State
     Workmen's Compensation Board, with or without a hearing. The
     State Workmen's Insurance Fund shall not be liable to make any
     payments under this act from any moneys except the State Work
     Relief Compensation Fund.
        Section 7.  There is hereby reappropriated to the State Work
     Relief Compensation Fund from the funds appropriated, or to be
     appropriated, for the biennium beginning June first, one
     thousand nine hundred and thirty-three, to the State Emergency
     Relief Board, the sum of twenty-five thousand dollars.
        The said sum shall be repaid to the State Emergency Relief
     Board from the State Work Relief Compensation Fund in such
     installments and at such times as the Insurance Commissioner
     shall determine, and so much of the moneys in the State Work
     Relief Compensation Fund as may be necessary are hereby
     appropriated for that purpose.
        Section 8.  All acts and parts of acts inconsistent herewith
     are hereby repealed.
        Section 9.  This act shall become effective immediately upon
     final enactment.