Section 121.15. Compensation payable

(a) In computing the time when the disability becomes compensable, the day the injured employee is unable to continue at work by reason of the injury shall be counted as the first day of disability in the 7 day waiting period. If the injured employee is paid full wages for the day, shift or turn on which the injury occurred, the following day shall be counted as the first day of disability. In determining the waiting period or time during which compensation is payable, each calendar day, including Sundays and holidays, shall be counted. In determining the period of disability, seven should be used as a divisor to determine the number, and any part, of the weeks.

(b) If death results from the injury, compensation payments to the dependents for death benefits shall begin from the date of the employee’s death.

(c) If death results more than 7 days after the injury, compensation payments covering the disability period should be paid as set forth in this chapter, and compensation payments because of death due to the injury shall start from the date of death.

(d) Compensation due to the date of death shall be paid to the nearest of kin, or in the absence of same, to the estate.

The provisions of this § 121.15 amended August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial pages (305087) to (305088).

Notation

Notes of Decisions

Date of Fatal Injury

In modifying an award to the decedent’s dependent mother and sister, the court noted that 34 Pa. Code § 121.15 requires compensation to be paid from the date of the fatal injury. Broadwood Chuckwagon v. Workmen’s Compensation Appeal Board (Stovall), 459 A.2d 1355 (Pa. Cmwlth. 1983); appeal after remand 535 A.2d 272 (Pa. Cmwlth. 1987).

Injury

Occupational disease is included within the term injury. Jones & Laughlin Steel Corp. v. Workmen’s Compensation Appeal Board (West), 437 A.2d 771 (Pa. Cmwlth. 1981).

Modification of Benefits

For employer to prevail in seeking a modification of workers’ compensation benefits, employer must establish that (1) an offer was made to claimant that a specific job is available which the claimant is capable of performing, or (2) establish ‘‘earning power’’ through expert opinion evidence, including job listings with employment agencies and advertisements in claimant’s usual area of employment. Allied Products v. W.C.A.B. (Click), 823 A.2d 284, 287 (Pa.Cmwlth. 2003).