Commonwealth of Pennsylvania
Department of General Services
RFP #2011-6100019739
APPENDIX D
Work-Related Injury Supplemental Benefits
In addition to the Workers’ Compensation Act, certain Commonwealth employees, depending upon their particular positions, may also be covered by the Act of June 28, 1935, P.L. 477, as amended, 53 P.S. §§ 637-638 (commonly referred to as the “Heart and Lung Act”), or by the Act of December 8, 1959, P.L. 1718, No. 632, as amended by the Act of September 2, 1961, P.L. 1224, No. 534, as amended, 61 P.S. §§ 951-952 (commonly referred to collectively as “Act 632/534”), or by supplemental benefits through collective bargaining agreements. Because supplemental benefits are in many cases contingent upon and related to workers’ compensation benefits, the AwardedOfferormust have an accurate understanding of the administration of these benefits.
Often the results of an adjuster’s investigation are used by the agency workers’ compensation coordinator to make a decision on the employee’s eligibility for benefits under the Heart and Lung Act or under Act 632/534. For supplemental benefits provided by collective bargaining agreements, the receipt of supplemental benefits is contingent upon the receipt of workers’ compensation indemnity benefits, and supplemental benefits are not provided until the claim is approved by the Awarded Offeror.
Heart and Lung covers any injury occurring in the course and scope of the work of State Police Officers, Corrections Officers and other employees at the Department of Corrections, Psychiatric Security Aids (Department of Public Welfare), Probation and Parole Officers, Liquor Law Enforcement Officers (Pennsylvania State Police), Capitol Police Officers (Department of General Services) and Special Agents (Office of Attorney General). In accordance with this Act, full salary is paid to the employee until the temporary disability has ceased; the salary is not taxed. The workers’ compensation indemnity payment is paid to the agency.
Act 632/534 covers any injury that occurs at the hands of an inmate, patient or client in facilities and institutions of the Department of Corrections and the Department of Public Welfare. Additionally, a very small number of employees from other agencies working within correctional institutions may also be covered. In accordance with Act 632/534, like the Heart and Lung Act, full salary is paid until the disability no longer prevents the employee’s return to the same job; the salary is not taxed. The workers’ compensation indemnity payment is paid to the agency.
Injury leave is available to most other employees who are injured and not covered by the above-mentioned laws. Employees may choose paid or unpaid injury leave. When paid injury leave is chosen, employees use a full day of accrued leave to receive a Commonwealth paid supplement equal to the difference between the workers’ compensation indemnity benefits and the employee’s normal net pay, less Workers’ Compensation and Social Security benefits. Unpaid injury leave (or a combination of paid and unpaid injury leave) is provided with Commonwealth paidcoverage for life insurance and payments toward coverage for health benefits for up to one cumulative year or until workers’ compensation indemnity payments cease. Often, employees are overpaid because they receive full salary and workers’ compensation indemnity payments for the same time period. Because the injury leave benefit prohibits the receipt of both, salary overpayments are collected by the Bureau of Commonwealth Payroll Operations (BCPO).
Work-related disability leave is available to Park Rangers and Forest Rangers (Department of Conservation and Natural Resources) pursuant to their collective bargaining agreement. It is like paid injury leave, except the employee does not need to use accrued paid leave to receive the Commonwealth paid supplement.
Salary in lieuof workers’ compensation is provided by some legislative offices. When this occurs an employee receives their normal net pay. Workers’ compensation indemnity benefits are paid to the payroll office to offset the cost of the salary.
No longer receiving benefits is a code assigned to any claim where the maximum benefits entitlement has been exceeded.
No special benefit is assigned to any claim where the injured worker is not eligible for any of the above benefits.
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