Following a movement in the Pennsylvania Legislature to expand substantially payments for scarring/disfigurement benefits, the Pennsylvania House, on May 2, 2023, passed legislation to expand scarring/disfigurement benefits to now include the entire body. Previously, those benefits covered scarring/disfigurement only to the head, face or neck above the clavicle. In addition, the House-passed legislation would increase the maximum number of weeks to be awarded, up from the former 275 week to the significantly higher 400 weeks.
The legislation passed by a vote of 112-88. Eleven Republicans joined all Democrats voting for the bill. The legislation now moves to the Pennsylvania Senate. If this legislation passes the Senate and is signed by the Governor, Pennsylvania would have created a brand-new entitlement for injured workers who experience, for example, surgical scars from knee, wrist, spinal and hernia operations – just to name a few of the many possibilities.
This would also cover burns, blunt trauma disfigurements, etc., in bodily locations not previously compensable. Many of these locations below the neck/clavicle would normally be under clothing and not generally visible in public interaction. Financial reserving would increase measurably in these cases, as would settlement valuations.
Please CLICK HERE for a copy of the legislation.
Please CLICK HERE for a copy of the PA Chamber of Business and Industry’s informative memorandum on this topic.
We will continue to monitor the legislation and urge anyone with an interest in the topic to contact us to discuss appropriate responsive steps.