KEY TAKEAWAYS

• Pennsylvania House Bill 183 introduces substantial amendments to Section 306(c)(22) of the state’s Workers’ Compensation Act

• If enacted, the bill would mark a transformative shift in the Pennsylvania Workers’ Compensation landscape

• The bill has passed in the House and is under consideration in the Senate

Pennsylvania House Bill 183 (HB 183) introduces substantial amendments to Section 306(c)(22) of the Pennsylvania Workers’ Compensation Act. If enacted, the proposed changes will have significant implications for injured workers, employers, and insurers by expanding the scope and duration of disfigurement claims and altering the payment structure for benefits.

HB 183 Highlights:

• Expanded Scope of Coverage: Disfigurement claims would extend beyond the head, neck, and face to encompass the entire body. This would include disfigurement from surgical scars on any part of the body.
• Increased Duration of Benefits: Maximum benefits would increase from 275 weeks to 400 weeks.
• Concurrent Payments: Disfigurement benefits could be paid concurrently with total or partial disability benefits, instead of sequentially.
• Legislative Status: The bill has passed in the House and is under consideration in the Senate.

Key Provisions and Implications

Extended Benefit Duration: HB 183 seeks to increase the maximum duration for disfigurement benefits from 275 weeks to 400 weeks. This amendment could result in extended financial liabilities for employers and insurers, particularly in cases involving severe or extensive scarring. The increase represents a nearly 50-percent extension in potential benefit payouts, reshaping the economic calculus for claim management.

Broader Coverage Area: Under current law, disfigurement benefits are confined to scarring on the head, face, and neck. The bill’s expansion to include disfigurement on any part of the body represents a paradigm shift, significantly broadening the scope of compensable claims. Such an expansion will likely increase the frequency and complexity of litigation as parties seek to define what constitutes “unsightly appearance” under the act’s existing standards.

Surgical Scars: Under the proposed framework, an employee who undergoes surgical intervention to address a compensable work-related injury — such as spinal fusion, joint replacement, or internal organ repair — may be eligible to receive substantial disfigurement benefits, recognizing the lasting physical impact of medically necessary procedures.

Concurrent Payment of Benefits: HB 183 would permit disfigurement benefits to be paid simultaneously with total or partial disability benefits, departing from the current framework requiring disfigurement benefits to follow the cessation of indemnity payments. While this change could impose immediate financial burdens on employers and insurers, it may also shorten the overall duration of claims, providing potential long-term cost containment.

Anticipated Challenges

The expanded scope and duration of benefits are likely to stimulate litigation, with disputes centering on the extent, nature, and compensability of bodily disfigurement. The shift may also influence workers’ return-to-work decisions, as enhanced benefits could disincentivize expedient re-entry into the workforce. Concurrent payment of benefits, while advantageous to claimants, necessitates a reevaluation of claims handling strategies to mitigate accelerated financial exposure.

In conclusion, HB 183, if enacted, would mark a transformative shift in the Pennsylvania Workers’ Compensation landscape. Employers and insurers will need to proactively adapt to the broadened framework by expeditiously assessing medical documentation and pursuing strategic litigation where appropriate. Goldberg Segalla remains committed to providing clients with tailored guidance to navigate these legislative developments effectively, ensuring compliance while minimizing financial and operational impacts.

If you have questions about HB 183, or need assistance in preparing for its anticipated impact, please contact:

• Angela G. DiSanti
• Emily Knight
• Stacy A. Tees
• Damon M. Gruber
• Sean J. McKinley
• Esther F. Omoloyin
• Or another member of our Workers’ Compensation practice group