Last week, the Commonwealth of Pennsylvania House Labor and Industry Committee passed HB 183. This Bill is designed to expand significantly what has been long-established access to workers compensation disfigurement benefits in the following ways.
- Disfigurement benefit duration eligibility will increase from the current level of up to 275 weeks to a new level of up to 400 weeks.
- Disfigurement benefit eligibility will extend to the entire body, and not just to the head, face and neck above the clavicle.
- Disfigurement benefit payment will be made simultaneously with indemnity benefits, eliminating the present requirement of payment only when indemnity benefits are concluded.
Disfigurement/scarring benefits, historically, were meant to compensate those whose visible physical areas were marred by a work injury (a burn or impact injury for example), or from the consequences of treatment (surgery and resulting scars). The intent has never been to compensate for what cannot be seen under normal use of clothing. The increase to 400 weeks can be judged on its face for what it is – an attempt to increase further employer benefit payments, even though actual rates rise yearly. Finally, simultaneous payment has never been needed, since disfigurement/scarring benefits are payable to the estate if someone is receiving indemnity benefits long term, and are paid immediately on the completion of indemnity benefits in short term cases.
Information should be available shortly on a House vote, after which there is the possibility of Senate action. Our clients should remain aware and vigilant about these efforts, making their voices heard in Harrisburg when and as needed.
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