HB 2049

PRIOR PRINTER'S NO. 2624  PRINTER'S NO.   3572
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2049
                                          Session of
                                            2025
INTRODUCED BY BRENNAN, MIHALEK, O'MARA, POWELL, GIRAL, MADDEN,
   PROKOPIAK, HILL-EVANS, PROBST, McNEILL, WAXMAN, FREEMAN,
   McANDREW, DOUGHERTY, SANCHEZ, HARKINS, MALAGARI, GALLAGHER,
   D. WILLIAMS, CERRATO, PARKER AND KHAN, NOVEMBER 18, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
   JUNE 9, 2026
                               AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
2    act defining the liability of an employer to pay damages for
3    injuries received by an employe in the course of employment;
4    establishing an elective schedule of compensation; providing
5    procedure for the determination of liability and compensation
6    thereunder; and prescribing penalties," in liability and
7    compensation, further providing for computation of benefits.
8    The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10    Section 1.    Section 307(7) of the act of June 2, 1915
11 (P.L.736, No.338), known as the Workers' Compensation Act, is
12 amended to read:
13    Section 307.    In case of death, compensation shall be
14 computed on the following basis, and distributed to the
15 following persons: Provided, That in no case shall the wages of
16 the deceased be taken to be less than fifty per centum of the
17 Statewide average weekly wage for purposes of this section:
18    * * *
19    (7)   Whether or not there be dependents as aforesaid, the
1 reasonable expense of burial, not exceeding [seven thousand
2 dollars ($7,000)] twenty thousand dollars ($20,000), which shall
3 be paid by the employer or insurer directly to the undertaker
4 (without deduction of any amounts theretofore paid for
5 compensation or for medical expenses). On January 1, 2027, and      <--
6 each January 1 thereafter, the department shall adjust the
7 maximum burial expense to reflect the annual percentage change
8 in the Consumer Price Index for All Urban Consumers (CPI-U) for
9 the Pennsylvania, New Jersey, Delaware and Maryland area,
10 rounded to the nearest dollar. The department shall immediately
11 submit the adjusted amount to the Legislative Reference Bureau
12 for publication as a notice in the next available issue of the
13 Pennsylvania Bulletin. THE AMOUNT OF MONEY PAID TO THE  <--
14 UNDERTAKER UNDER THIS CLAUSE IN EXCESS OF THE ACTUAL EXPENSES OF
15 BURIAL SHALL BE REFUNDED, WITHOUT DEDUCTION, DIRECTLY TO THE
16 SURVIVING SPOUSE OR OTHER DEPENDENTS OF THE DECEASED IN THE
17 ORDER PROVIDED IN SECTION 306(G). THE FOLLOWING SHALL APPLY:
18    (A)    THE EMPLOYER OR INSURER SHALL PROVIDE WRITTEN NOTICE TO
19 THE UNDERTAKER OF THE RESPONSIBILITY TO REFUND EXCESS MONEY PAID
20 TO THE SURVIVING SPOUSE OR OTHER DEPENDENTS OF THE DECEASED. THE
21 NOTICE SHALL INCLUDE AN EXPLANATION OF THE ORDER OF SUCCESSION
22 PROVIDED IN SECTION 306(G) AND A COPY OF THE FORM TO OBTAIN
23 NOTARIZED ACKNOWLEDGMENT UNDER SUBSECTION (B)(2).
24    (B)    WHEN REFUNDING EXCESS MONEY UNDER THIS SECTION, THE
25 UNDERTAKER SHALL:
26    (1)    PROVIDE AN ITEMIZED ACCOUNTING OF EXPENSES RELATED TO
27 THE BURIAL WITH THE REFUNDED MONEY.
28    (2)    OBTAIN A NOTARIZED ACKNOWLEDGMENT THAT THE PERSON TO
29 WHOM A REFUND IS PAID IS ENTITLED TO THE MONEY UNDER THIS
30 CLAUSE.
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1    (C)   IN THE EVENT OF A DISPUTE RELATED TO PAYMENT, AFTER THE
2 EXPIRATION OF SIXTY DAYS FROM THE PROVISION OF ALL SERVICES
3 RELATED TO THE BURIAL, A PETITION MAY BE FILED WITH THE
4 DEPARTMENT FOR REVIEW BY A WORKERS' COMPENSATION JUDGE. THE
5 FOLLOWING SHALL APPLY:
6    (1)   THE WORKERS' COMPENSATION JUDGE MAY ISSUE AN ORDER TO
7 RESOLVE ANY DISPUTE RELATED TO PAYMENT OR SERVICES PROVIDED.
8    (2)   AN UNDERTAKER MAY NOT BE REQUIRED TO REFUND ADDITIONAL
9 MONEY IF THE UNDERTAKER COMPLIED WITH SUBSECTION (B) AND
10 REFUNDED THE MONEY AS THE RESULT OF A GOOD FAITH ERROR.
11    (3)   THE WORKERS' COMPENSATION JUDGE SHALL HAVE THE POWER TO
12 IMPOSE PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS
13 CLAUSE, SUBJECT TO THE LIMITATIONS ON PENALTIES FOR EMPLOYERS
14 AND INSURERS UNDER SECTION 435(D).
15    (D)   THE DEPARTMENT SHALL CREATE THE FOLLOWING FORMS AND POST
16 THE FORMS ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE:
17    (1)   A SAMPLE NOTICE SUFFICIENT TO MEET THE REQUIREMENTS FOR
18 THE EMPLOYER OR INSURER TO PROVIDE WRITTEN NOTICE TO THE
19 UNDERTAKER UNDER SUBSECTION (A).
20    (2)   AN ACKNOWLEDGMENT FORM SUFFICIENT TO MEET THE
21 REQUIREMENT OF SUBSECTION (B)(2).
22    (E)   THE WORKERS' COMPENSATION ADVISORY COUNCIL SHALL REVIEW
23 THE BURIAL BENEFIT UNDER THIS CLAUSE AT FIVE-YEAR INTERVALS AND
24 REPORT TO THE GENERAL ASSEMBLY ON ITS FINDINGS, INCLUDING THE
25 IMPACT OF INFLATION ON THE MAXIMUM BENEFIT, TYPICAL COSTS
26 RELATED TO BURIAL IN DIFFERENT REGIONS OF THIS COMMONWEALTH, THE
27 ADMINISTRATION OF THE BENEFIT BY EMPLOYERS AND INSURERS AND THE
28 WORKERS' COMPENSATION ADVISORY COUNCIL'S RECOMMENDATIONS TO THE
29 GENERAL ASSEMBLY. THE WORKERS' COMPENSATION ADVISORY COUNCIL
30 SHALL SUBMIT A REPORT TO THE CHAIRPERSON AND MINORITY
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1 CHAIRPERSON OF THE LABOR AND INDUSTRY COMMITTEE OF THE SENATE
2 AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE LABOR AND
3 INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER THAN
4 JULY 1, 2031, AND JULY 1 EVERY FIVE YEARS THEREAFTER.
5    * * *
6    Section 2.   This act shall take effect in 60 days.
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