A. Judd Woytek

In the October issue of the What’s Hot, issued on September 29, 2021, we reported that the Disaster Declaration, which suspended Section 449 of the Pennsylvania Workers’ Compensation Act requiring the attestation of the claimant's signature on a Compromise and Release Agreement by two witnesses or by a notary public, set to expire on September 30, 2021.

However, on September 30, 2021, House Bill 1861 (Act 73) was signed into law by Governor Wolf which, among many other things, extends the suspension of the need for two witness signatures or notarization of a Section 449 Compromise and Release Agreement. This extension of the suspension of the witness/notarization requirement will remain in effect through March 31, 2022, unless terminated before that date. 

It should be noted that only Section 449 of the Workers’ Compensation Act was mentioned in House Bill 1861, so other areas of the Act that require notarization (such as an Affidavit of Recovery or a Notification of Modification or Suspension) are now once again subject to the notary requirement effective October 1, 2021.

NOTE: House Bill 1837, which proposes to eliminate witnesses and notarization of Compromise and Releases for good, remains pending for legislative action.

 

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