Traditionally, Section 306(d) of the Pennsylvania Workers’ Compensation Act provides a schedule to compensate injured employees for permanent losses. Specific loss benefits begin at the end of the period of temporary total disability which results from the other separate injuries.
On May 30, 2025, the Supreme Court of Pennsylvania addressed a matter of first impression to determine whether specific loss benefits survive a work-related death. In Steets v. Celebration Fireworks, Inc. (WCAB), the employee was horrifically injured in an explosion that resulted in the amputation of multiple body parts. The injury was initially accepted, but the employee filed a Claim Petition and Review Petition seeking to expand the injuries and seek specific loss of both arms. The WCJ granted the Petition seeking specific loss benefits and found the employee lost the use of both arms for all practical intents and purposes. After the employee’s total disability benefits ceased, she would be entitled to an award of 840 weeks of specific loss benefits under Sections 306(c)(3) and 306(c)(25). The employer appealed this Decision. However, during the litigation, the employee died. The Estate then filed a claim seeking payment of the specific loss benefits, funeral expenses and penalties. The WCJ granted the funeral expenses but denied the specific loss benefits. The Estate filed an Appeal. The WCAB affirmed the WCJ’s Decision. The Estate again appealed. The Commonwealth Court also affirmed the WCJ’s Decision denying the Estate the specific loss benefits.
The Supreme Court accepted the case and reversed. In a lengthy Opinion and Order, the majority of the Supreme Court found that Section 410 of the Workers’ Compensation Act provides that in case any claimant shall die before the final adjudication of his/her claim, the amount of compensation due such claimant to the date of death shall be paid to the dependents entitled to compensation, or if there be no dependents, then to the estate of the decedent. The majority opinion determined that there are circumstances in which specific loss benefits survive the death of a worker who dies of her work-related injury. The rationale for the majority opinion was that the Workers’ Compensation Act is remedial legislation designed to compensate claimants for earnings loss occasioned by work-related injuries. The majority opinion remanded the case to the WCJ to determine the amount of specific loss benefits for claimant which must be paid to her estate by operation of Section 410 of the Workers’ Compensation Act since there was a claim for specific loss benefits pending at the time of her death.
There were two dissenting opinions. Justice Wecht’s dissent references the Workers’ Compensation Act provisions that liability for compensation shall cease whenever the employee dies from causes unrelated to the work injury. Justice Brobson’s dissent disputes the majority’s new interpretation and application of Section 410 of the Workers’ Compensation Act reasoning that claimant never received, nor was she entitled to receive, specific loss benefits during her lifetime, because she was receiving total disability benefits during this time, and thus employer had not obligation to pay specific loss benefits to claimant while she was alive.
This Pennsylvania Supreme Court Opinion clarifies the interpretation of the Workers’ Compensation Act, expanding the circumstances under which specific loss benefits can survive a worker’s death. This is a change to the longstanding case law authority concerning specific loss benefits. This new decision expands the potential beneficiaries to receive specific loss benefits following the death of an injured worker.
Zachary M. Rubinich is a partner in our Philadelphia office. He focuses his practice on the defense of insurance carriers, self-insured entities and third-party administrators against workers’ compensation claims in Pennsylvania. Based on his extensive experience, the Pennsylvania Bar Association Workers’ Compensation Law Section has certified him as Specialist in the practice of workers’ compensation law Zach has handled all aspects of litigation before workers’ compensation judges, the Workers’ Compensation Appeal Board, the Commonwealth Court and the Pennsylvania Supreme Court. Zach has been appointed to the following American Bar Association Tort Trial and Insurance Practice (TIPS) leadership positions: Chair of the Litigation and Trial Practice Committee; Vice-Chair of the Appellate Advocacy Committee; member of the Ethics and Professionalism Standing Committee; and member of the CLE Board Committee. He is the Past Chair of the ABA’s Tort Trial and Insurance Practice (TIPS) Workers’ Compensation and Employers’ Liability Law Committee from 2018-2019. He has served as a Vice-Chair of this committee from 2015 to present. In addition, Zach served as Vice-Chair of the 2017-2018 American Bar Association Standing Committee for Diversity and Inclusion. He is also a Committee Member of the ABA’s Legal Opportunity Scholarship Fund. Zach has been rated AV Preeminent by Martindale-Hubbell for the thirteenth consecutive year for 2025. He has been selected as a 2019, 2020 and 2021 Pennsylvania Super Lawyer by Super Lawyers. He was selected as a Pennsylvania Rising Star by Super Lawyers from 2010 to 2014. He was selected as an International Advisory Experts (IAE) Award recipient in 2019 for his accomplishments as a workers’ compensation attorney in Pennsylvania. Zach has been selected as a Fellow of the College of Workers’ Compensation Lawyers Class of 2020. Mr. Rubinich has been recognized as a Main Line Today 2023 and 2024 Top Lawyer.
Zach can be reached directly at: (215) 575-4340 (office) or (215) 478-5053 (cell) • zrubinich@rawle.com
Workers’ Compensation Section
CHAIR: Claudio J. DiPaolo
PARTNERS: Zachary M. Rubinich; J. Brendan O’Brien;
Christian M. Stein, Jennifer F. Schwartz, Anisha S. Abraham
OF COUNSEL: Edward J. Chiodo, William P. Copetas, James H. Curry III,
Anthony Lategano, Daniel G. Spafford
ASSOCIATES: Mary Bergmann, Andrew Patrick, John K. Taylor
Rawle & Henderson LLP
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