PENNSYLVANIA CLIENT ADVISORY: PA House Passes Bill Aiming to Significantly Expand Disfigurement Benefits

On May 2, 2023, the Pennsylvania House of Representatives, on a 112-80 vote split primarily along party lines, passed HB930 (view HB930 here). This legislation, if signed into law, would amend Section 306(c)(22) of the Workers’ Compensation Act. In its current form, Section 306(c)(22) provides up to 275 weeks of benefits for serious, permanent, and unsightly disfigurement of the head, neck, or face, payable. The proposed amendment would open this form of benefits to any part of the body, and increase the maximum award to 400 weeks. The amendment would also allow claimants to receive disfigurement benefits simultaneously with wage loss benefits.

If the bill passes in the Senate, and the Governor signs it into law, this amendment to the Act will have significant ramifications for employers and insurance carriers. Not only will employers be responsible for compensating disfigurement anywhere on the body, the potential exposure for a disfigurement award will grow by more than 45%. It is not clear from the plain text of the amendment whether and to what extent the disfigurement must be visible to qualify as compensable. Fortunately, it does not appear that the amendment will apply retroactively, meaning only injuries which occur after the law’s effective date should be subject to the amendment. This is an important piece of legislation for employers and insurance carriers to monitor as it moves through the legislature.

For questions about this matter, please contact Jim Tinnyo at 717-237-7121 or jtinnyo@tthlaw.com.