PENNSYLVANIA WORKERS’ COMPENSATION
CASE SUMMARIES
1/1/2026 – 1/31/2026
There were no cases relating to issues under the PA Workers’ Compensation Act decided at the appellate level in the Month of January 2026.
PENNSYLVANIA LEGISLATIVE REVIEW
House Bill 183 is now Senate Bill 1094.
A few months ago, the Commonwealth of Pennsylvania, House L&I Committee, voted on what was then designated as HB 183. This Bill expands access to workers’ compensation disfigurement benefits by increasing the duration of eligibility from up to 275 weeks to a new level of up to 400 weeks, extending the benefit to the entire body, and not just to the head, face and neck, and allowing these benefits to be paid simultaneously with indemnity benefits. The bill was passed by the House on April 7, 2025, and has now been referred to the Senate Labor & Industry Committee. It is now under Senate Bill 1094 and has yet to be reported from the committee.
Other Proposed Legislation of Interest in the 2025-2026 session
The following selected amendments to the PA Workers’ Compensation Act have been proposed, but as of this date are in early stages, and no formal vote has been held, and these are referred to their respective L&I Committees:
In the Senate only:
Senate Bill 801 – Seeks to clarify that the Act providing the exclusive remedy for any injury or disease that may arise out of hazardous occupational exposure, whether the disease is compensable or not.
Senate Bill 894 – Seeks to clarify the “Independent Contractor Classification.”
Senate Bill 1053 – Seeks to clarify workers’ compensation coverage for EMS Volunteers.
Senate Bill 1151 – Removal of Clinical Practice Requirement for Physicians Performing Impairment Rating Evaluations (IREs).
In the House Only:
House Bill 1181 – Workers’ Compensation – Whitmoyer Remedy – Due to the use of the word “installments,” the court ruled in Whitmoyer that the employer can only receive credit for future wage loss benefits (which are paid in installments) – but not future medical benefits (which are paid as medical costs are incurred). This ruling creates a situation where an injured worker can potentially receive a large jury award or settlement from the third party who caused his injury AND still require his employer to continue paying his medical costs. This legislation proposes to amend the Act to allow for subrogation on future medicals.
House Bill 1766 – Workers’ Compensation Coverage of Prescribed Medical Cannabis (Formerly HB 1079).
House Bill 2087 – Ensuring that volunteer firefighters and EMTs are covered under workers’ compensation when injured during fundraising activities.
NEW JERSEY WORKERS’ COMPENSATION
01/01/2026 – 1/31/2026
NEW JERSEY LEGISLATIVE UPDATE
Assembly Bill 4750/S5006
Expands certain employer reporting requirements to include entities that employ or contract with individuals for financial compensation, including ridesharing and delivery technology platforms.
Ride Sharing, delivery, and other services, doing business in New Jersey must now report their Employees to the department.
Last Action: January 20, 2026 – Approved P.L.2025, c.361.
Assembly Bill 5198/S3772
Concerns valuation of board and lodging with respect to workers’ compensation.
The bill provides, instead, that, unless a different amount is fixed at the time of hiring, the value of employer furnished board and lodging be its market value, except that if the claimant continues to receive board or lodging during the period of total temporary disability, the value of the board or lodging will not be included in the calculation of the workers’ compensation rate for purposes of temporary total disability.
Last Action: January 12, 2026 – Approved P.L.2025, c.212.
