HB 2204 — An Act amending the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, in liability and compensation, further providing for schedule of compensation and for physical examination or expert interview.

PRINTER'S NO.    2897

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 2204
                                                Session of
                                                  2026

     INTRODUCED BY WENTLING AND ROWE, FEBRUARY 6, 2026

     REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
        FEBRUARY 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 schedule of compensation
 8      and for physical examination or expert interview.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.     Sections 306(a.3)(1) and 314(b) of the act of
12   June 2, 1915 (P.L.736, No.338), known as the Workers'
13   Compensation Act, are amended to read:
14      Section 306.     The following schedule of compensation is
15   hereby established:
16      * * *
17      (a.3)   (1)    When an employe has received total disability
18   compensation pursuant to clause (a) for a period of one hundred
19   and four weeks, unless otherwise agreed to, the employe shall be
20   required to submit to a medical examination which shall be
21   requested by the insurer within sixty days upon the expiration
 1   of the one hundred and four weeks to determine the degree of
 2   impairment due to the compensable injury, if any. The degree of
 3   impairment shall be determined based upon an evaluation by a
 4   physician who is licensed in this Commonwealth[,] and who is
 5   certified by an American Board of Medical Specialties-approved
 6   board or its osteopathic equivalent [and who is active in
 7   clinical practice for at least twenty hours per week], chosen by
 8   agreement of the parties, or as designated by the department,
 9   pursuant to the American Medical Association "Guides to the
10   Evaluation of Permanent Impairment," 6th edition (second
11   printing April 2009).
12      * * *
13      Section 314.   * * *
14      (b)   In the case of a physical examination, the employe shall
15   be entitled to have a health care provider of his own selection,
16   to be paid by him, participate in such examination requested by
17   his employer or ordered by the workers' compensation judge. In
18   instances where an examination is requested in relation to
19   section 306(a.3)(1), such examination shall be performed by a
20   physician who is licensed in this Commonwealth[,] and who is
21   certified by an American Board of Medical Specialties approved
22   board or its osteopathic equivalent [and who is in active
23   clinical practice for at least twenty (20) hours per week].
24      Section 2.   The Department of Labor and Industry shall
25   promulgate regulations to implement the amendment of sections
26   306(a.3)(1) and 314(b) of the act.
27      Section 3.   This act shall take effect in 60 days.




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