[32 Pa.B. 6043]
[Continued from previous Web Page]
Subchapter C. SUPERSEDEAS ON APPEAL TO THE BOARD AND COURTS § 111.21. Content and form.
(a) A request for supersedeas shall be filed as a separate petition from the appeal and be accompanied by the following:
(1) A copy of the decision of the judge or order and opinion of the Board from which the supersedeas is requested.
(2) A short statement setting forth reasons and bases for the request for supersedeas.
(3) A specific statement as to the issues of law, if any, involved in the underlying appeal.
(4) Information on the current employment status of the claimant, if known.
(5) The court, if any, to which an appeal from the Board decision has been taken.
(6) Other relevant information for the Board's consideration in determining whether the supersedeas request meets the following standards:
(i) The petitioner makes a strong showing that it is likely to prevail on the merits.
(ii) The petitioner shows that, without the requested relief, it will suffer irreparable injury.
(iii) The issuance of a stay will not substantially harm other interested parties in the proceeding.
(iv) The issuance of a stay will not adversely affect the public interest.
(7) A proof of service as specified in § 111.12(d) (relating to filing, service and proof of service), insofar as applicable.
(b) Requests for supersedeas shall be served on all parties.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.1, 35.2, 35.17, 35.190 and 35.225.
§ 111.22. Filing.
(a) A request for supersedeas from the judge's decision shall be filed with the Board within the time specified in section 423(a) of the act (77 P. S. § 853).
(b) A request for supersedeas from a Board order shall be filed under the applicable Pennsylvania Rules of Appellate Procedure.
(c) An original and two copies of the request for supersedeas shall be filed. Only the original request for supersedeas shall have attached a copy of the judge's decision or Board order from which the supersedeas is requested.
(d) A request for supersedeas shall be served on all the parties and be accompanied by a proof of service as specified in § 111.12(d) (relating to filing, service and proof of service).
(e) Subsections (a)--(d) supersede 1 Pa. Code § 33.15 (relating to number of copies).
§ 111.23. Answers.
(a) An answer to a request for supersedeas may be filed with the Board within 10 days of service of the request for supersedeas.
(b) An original and two copies of an answer shall be filed.
(c) An answer filed under this subsection shall be served on all parties.
(d) An answer filed under this subsection shall be accompanied by a proof of service as specified in § 111.12(d) (relating to filing, service and proof of service), insofar as applicable.
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 33.15 and 35.35 (relating to number of copies; and answers to complaints and petitions).
§ 111.24. Disposition of request for supersedeas.
(a) The Board may grant the request for supersedeas in whole or in part.
(b) The Board will rule on requests for supersedeas within 20 days of the date when the answer is due, or the request shall be deemed denied.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.190 and 35.225 (relating to appeals to agency head from rulings of presiding officers; and interlocutory orders).
Subchapter D. OTHER PETITIONS § 111.31. Applicability.
This subchapter applies to the following petitions or requests:
(1) A petition under section 306 of the act (77 P. S. § 513).
(2) A petition for appointment of guardian under section 307 of the act (77 P. S. § 542).
(3) A petition alleging a meretricious relationship under section 307 of the act (77 P. S. § 562).
(4) A petition for commutation under section 316 of the act (77 P. S. § 604).
(5) A petition under section 317 of the act (77 P. S. § 603).
(6) A petition for rehearing under section 426 of the act (77 P. S. § 871).
(7) A petition for attorney's fees under section 442 or 501 of the act (77 P. S. §§ 998 or 1021).
§ 111.32. Form/content.
(a) Petitions and requests shall contain and be accompanied by the following:
(1) A short statement setting forth the reasons and basis for the petition or request.
(2) The facts upon which the petition or request is based.
(3) A specific statement as to the issues of law, if any, involved in the petition or request.
(4) An explanation as to the status of the case, including the status of a pending appeal or petition before a judge, the Board or a court.
(5) The employment status of the claimant.
(6) A proof of service as specified in § 111.12(d) (relating to filing, service and proof of service), insofar as applicable.
(b) Petitions and requests shall be served on all parties and on the judge if the case is pending before a judge.
(c) An original and two copies of petitions and requests shall be filed.
(d) Subsections (a)--(c) supersede 1 Pa. Code §§ 31.5, 33.1--33.4, 33.11, 33.12, 33.15, 33.21--33.23, 35.1, 35.2 and 35.17.
§ 111.33. Specific petitions/requirements.
(a) A petition for commutation under section 316 of the act (77 P. S. § 604), in addition to the information required by § 111.32(a) (relating to form/content), shall have attached to it:
(1) The decision or document evidencing the employer/insurer's or self-insurer's responsibility to make current workers' compensation payments.
(2) The affidavit of the claimant, stipulation or other agreement signed by the parties which, if approved, will form the basis of the proposed commutation.
(3) An original and one copy of an order to be made by the Board if the commutation is approved.
(b) A petition under section 317 of the act (77 P. S. § 603), in addition to the information required by § 111.32(a), shall have attached to it:
(1) The document or agreement evidencing the annuity or trust.
(2) The stipulation or agreement, if any, entered into by the party which, if approved, would form the basis of the approval of the annuity or trust.
(3) An original and one copy of an order to be made by the Board if the annuity or trust is approved.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 33.15, 35.17 and 35.155 (relating to number of copies; petitions generally; and presentation and effect of stipulations).
§ 111.34. Answers to petitions.
(a) An answer to a petition or request may be filed with the Board within 20 days of service of the petition or request.
(b) An original and two copies of an answer shall be filed.
(c) An answer filed shall be served on all parties.
(d) An answer filed shall be accompanied by a proof of service as specified in § 111.12(d) (relating to filing, service and proof of service), insofar as applicable.
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 33.15 and 35.35 (relating to number of copies; and answers to complaints and petitions).
§ 111.35. Dispositions of petitions.
(a) The Board will allow and consider briefs which are submitted simultaneously with the petition or request or answer thereto. A brief which is not submitted simultaneously with the petition, request or answer thereto, will not be considered by the Board and the petition or request may be determined on the petition or request and answer thereto without further argument or brief.
(b) A brief submitted with a petition, request or answer thereto shall conform to the requirements of § 111.16(e)--(g) (relating to briefs).
(c) Oral argument on a petition may be scheduled at the discretion of the Board. Parties will be notified of the scheduling of oral argument as far in advance of the argument date as possible. The scheduling and conduct of oral argument will conform to the requirements of § 111.17 (relating to oral argument).
(d) The Board may, if appropriate, or will, if required by law, refer a petition or request to a judge for conducting hearings, preparing findings or proposed orders. Thereafter, the petition or request shall, if appropriate or required, be returned to the Board.
(e) Subsections (a)--(d) supersede 1 Pa. Code Chapter 35, Subchapters B, C, E and I.
CHAPTER 131. SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES
Subchapter A. GENERAL PROVISIONS § 131.1. Purpose.
(a) The purpose of this chapter is to promote, consistent with fairness and due process, the orderly and expeditious determination of proceedings before judges under the act and the Disease Law to implement the remedial intent of the act and the Disease Law.
(b) Subsection (a) supersedes 1 Pa. Code § 31.2 (relating to liberal construction).
§ 131.2. Scope.
(a) This chapter applies to proceedings before judges under the act and the Disease Law.
(b) Subsection (a) supersedes 1 Pa. Code § 31.1 (relating to scope of part).
§ 131.3. Waiver and modification of rules.
(a) The judge may, for good cause, waive or modify a provision of this chapter upon motion of a party, agreement of all parties or upon the judge's own motion.
(b) Subsection (a) supersedes 1 Pa. Code §§ 33.61, 35.18, 35.54 and 35.55 and also supersedes 1 Pa. Code Chapter 35, Subchapter D.
§ 131.4. Applicability of General Rules of Administrative Practice and Procedure.
(a) This chapter is intended to supersede 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). The General Rules of Administrative Practice and Procedure are not applicable to activities of and proceedings before judges.
(b) Subsection (a) supersedes 1 Pa. Code § 31.4 (relating to information and special instructions).
§ 131.5. Definitions.
(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Pennsylvania Workers' Compensation Act (77 P. S. §§ 1--1041.4 and 2501--2506).
Additional defendant--An insurance carrier, the Commonwealth or an employer, other than the insurance carrier or employer against which the original petition was filed, joined under this chapter.
Bureau--The Bureau of Workers' Compensation of the Department.
Bureau record--Official copies of documents received by the Bureau, on forms prescribed by the Bureau, if forms prescribed by the Bureau are available, or official copies of documents received by the Bureau on forms prepared by a party if no forms prescribed by the Bureau are available, which record transactions between the parties and which are determined by the judge to pertain to the case.
Challenge proceeding--A proceeding governed by § 131.50a (relating to employee request for special supersedeas hearing under section 413(c) and (d) of the act).
Claimant--An individual who files a petition for, or otherwise receives, benefits under the act or the Disease Law.
Defendant--An employer, insurance carrier and the Commonwealth, unless specifically designated individually.
Department--The Department of Labor and Industry of the Commonwealth.
Disease Law--The Pennsylvania Occupational Disease Act (77 P. S. §§ 1201--1603).
Insurer--A workers' compensation insurance carrier or self-insured employer, as applicable.
Judge--A workers' compensation judge assigned by the Bureau as provided in section 401 of the act (77 P. S. § 701) or assigned by the Bureau to determine a petition filed under the Disease Law.
Party--A claimant, defendant, employer, insurance carrier, additional defendant and, if relevant, the Commonwealth. An act required or authorized by this chapter, to be done by or to a party, may be done by or to that party's counsel of record.
Penalty proceeding--A proceeding governed by section 435(d) of the act (77 P. S. § 991(d)).
Records of work environment--Records and documents relating to work place health, safety, hazards and exposure, including records or documents which may be obtained under the Worker and Community Right-to-Know Act (35 P. S. §§ 7301--7320) and 29 CFR 1901.1--1928.1027 (relating to Occupational Safety and Health Administration, Department of Labor).
Statement previously made--A written statement signed or otherwise adopted or approved by the persons making it, or a stenographic, mechanical, electrical, computer-generated or other recording, or transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. The term does not include statements made by parties which are protected by the attorney-client privilege or which are protected as the work product of counsel.
Supersedeas--A temporary stay affecting a workers' compensation case.
(b) Subsection (a) supersedes 1 Pa. Code §§ 31.3 and 33.33 (relating to definitions; effect of service upon an attorney).
Subchapter B. TIME § 131.11. Filing, service and proof of service.
(a) Whenever filing is required by this chapter, it is deemed complete upon delivery in person or, if by mail, upon deposit in the United States Mail, as evidenced by a United States Postal Service postmark, properly addressed, with postage or charges prepaid.
(b) Whenever service is required by this chapter, it is deemed complete upon delivery in person or, if by mail, upon deposit in the United States Mail, as evidenced by a United States Postal Service postmark, properly addressed, with postage or charges prepaid, except as provided in § 131.81(b) (relating to subpoenas).
(c) Any notice or other written communication required to be served upon or furnished to a party shall also be served upon or furnished to the party's attorney in the same manner as it is served upon the party.
(d) Whenever a proof of service is required by this chapter, the proof of service shall contain the following:
(1) A statement of the date of service.
(2) The names of the judge and others served.
(3) The mailing address, the applicable zip code and the manner of service on the judge and others served.
(e) Unless otherwise specifically provided in this chapter, whenever the filing or service is required to be made upon the Bureau, it shall be made to the principal office of the Bureau at: 1171 South Cameron Street, Harrisburg, Pennsylvania 17104-2501, (717) 783-5421, or another address and telephone number as may be published in the Pennsylvania Bulletin.
(f) Subsections (a)--(e) supersede 1 Pa. Code §§ 31.5, 31.11, 31.13, 31.14, 31.26, 33.32 and 33.34--33.36.
§ 131.12. Modification of time.
(a) Except for answers to petitions as set forth in § 131.33 (relating to answers except answers to petitions for joinder and challenge proceedings), the time fixed or the period of time prescribed in this chapter may, in the exercise of sound discretion and for good cause, be shortened or extended by the judge upon the judge's motion or at the request of a party.
(b) Modifications of time, other than continuances or postponements of hearings, will be governed by the following:
(1) Requests for extensions of time shall be filed at least 3 days before the time specified or as shortened or extended. Requests made within 3 days prior to the time specified or as shortened or extended may be considered if the judge is satisfied that the circumstances relating to the request occurred within those 3 days. After the expiration of the time specified, the act may be permitted to be done if reasonable grounds are shown for the failure to act within the time specified or as previously shortened or extended.
(2) Requests for extensions of time shall be made in writing and state the facts upon which the request rests. During the course of a hearing, the request may be made by oral motion to the judge.
(3) Requests for extensions of time, except those made orally at a hearing, shall be filed with the judge, served upon all parties, and a proof of service of same shall be filed with the judge.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 31.6, 31.11, 31.15 and 35.18.
§ 131.13. Continuances or postponements of hearings.
(a) It is the intent of this chapter to discourage repeated continuances or postponements of hearings.
(b) Parties shall make every effort to avoid continuances or postponements by the prompt scheduling and submission of expert and medical testimony and by the prompt presentation of lay testimony.
(c) A continuance or postponement may be granted as set forth in this chapter for substantial or compelling reasons at the discretion of the judge, if the continuance or postponement is consistent with this chapter and its purpose of providing an orderly and expeditious determination of proceedings before judges.
(d) Requests for a continuance or postponement shall be:
(1) Made in writing or at a hearing. If not made in writing or at a hearing, confirmed in writing as required by this subsection and served as required by subsection (h).
(2) Made not later than 10 calendar days prior to the hearing date, except as set forth in subsection (f).
(e) Prior to the request for a continuance or a postponement, the party requesting the continuance or postponement shall ascertain the position of all counsel of record and unrepresented parties in the case relating to the continuance or postponement and shall advise the judge of the foregoing at the time of the request.
(f) A request for a continuance or postponement made within 10 calendar days prior to the hearing date will not be considered unless the judge is satisfied that circumstances relating to the requested continuance or postponement occurred within 10 calendar days of the hearing date.
(g) Requests for a continuance or postponement or written confirmation of the continuance or postponement shall contain at least the following information:
(1) The identity of the requesting party.
(2) A detailed statement of the position of all counsel of record and unrepresented parties on the request for a continuance or postponement or an explanation of why counsel of record or unrepresented parties could not be contacted.
(3) A detailed statement of the reasons why the continuance or postponement is requested and the date on which the need to request a continuance or postponement arose.
(4) A summary of prior continuances or postponements in the case, at whose request the continuances or postponements were granted and the position of other parties in each continuance or postponement.
(h) A party requesting or confirming in writing a request for a continuance or a postponement other than a request made at a hearing shall serve a copy of the request or the confirmation upon all counsel of record, unrepresented parties and the judge. Counsel requesting or confirming in writing a request for a continuance or a postponement shall serve a copy of the request or confirmation on counsel's client.
(i) Anyone requesting a continuance or postponement shall concurrently with the service of the request or the confirmation file a proof of service with the judge.
(j) In ruling on requests for a continuance or postponement, the judge may consider one or more of the following, giving consideration to subsection (a):
(1) The positions of the various parties relating to the request for a continuance or postponement.
(2) The number of prior continuances or postponements or denials of continuances or postponements and at whose request they were granted or denied.
(3) Whether the requested continuance or postponement will work an undue hardship on a party.
(4) The unavailability of the parties, witnesses or counsel.
(5) The illness or death of the parties or counsel or members of their immediate families.
(6) The desirability of unrepresented parties obtaining counsel.
(7) The necessity to replace the services of an expert witness who becomes unavailable.
(8) Another reason deemed to be substantial or compelling by the judge and consistent with this chapter and the purposes of the act and the Disease Law.
(k) A scheduling conflict in another tribunal may be considered but may or may not be determinative.
(l) If a continuance or a postponement is granted, the judge may impose conditions and direct action by the parties which the judge deems reasonable under the circumstances.
(m) In addition to the conditions and actions referred to in subsection (l), the judge may:
(1) Determine why the proceeding should not be dismissed for lack of prosecution or grant the relief sought without the receipt of further evidence or testimony upon the making of appropriate findings of fact.
(2) Schedule a hearing to determine whether to impose penalties under section 435(d) of the act (77 P. S. § 991(d)) and issue an appropriate written order.
(3) Issue a written order modifying in whole or in part a supersedeas ordered or denial previously entered or modifying an order previously entered upon a showing of compliance with the directions of the judge.
(4) Issue a written order at the end of the case, in the case of a claim petition, with appropriate findings of fact, directing that interest be disallowed. The judge may limit the disallowance of interest to a specified period on good cause shown.
(5) Issue a written order with appropriate findings of fact closing the record and deciding a case if a party has unreasonably delayed the proceeding.
(n) Subsections (a)--(m) supersede 1 Pa. Code §§ 31.15, 33.33 and 35.102 (relating to extensions of time; effect of service upon an attorney; and hearing calendar).
§ 131.15. Computation of time.
(a) Except as otherwise provided by law, in computing a period of time prescribed or allowed by this chapter, the day of the act, event or default after which the designated period of times begins to run may not be included. The last day of the period so computed shall be included, unless it is Saturday, Sunday or a legal holiday in this Commonwealth, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. A part-day holiday shall be considered as other days and not as a legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation.
(b) Subsection (a) supersedes 1 Pa. Code § 31.12 (relating to computation of time).
Subchapter C. FORMAL PROCEEDINGS
GENERAL § 131.21. Identifying number.
(a) Pleadings, documents and other submittals filed in a proceeding shall be identified by an identifying number assigned by the Bureau.
(b) Subsection (a) supersedes 1 Pa. Code § 31.5, 33.1 and 33.51 (relating to communications and filings generally; title; and docket).
§ 131.22. Transfer of cases or petitions on agreement of all parties.
(a) If the transfer of the case is agreed to by the Bureau, the parties and the judge, the Bureau will promptly reassign the case or petition. Notice of reassignment will be given to all parties.
(b) Transfer or reassignment under subsection (a) will take place prior to the date of the first hearing unless circumstances dictate otherwise.
§ 131.24. Recusal of judge.
(a) The judge may recuse himself on the judge's own motion.
(b) A party may file a motion for recusal, which shall be addressed to the judge to whom the proceeding has been assigned. The judge will conduct an evidentiary hearing and issue a decision within 15 days following receipt of the evidentiary hearing transcript and post-hearing submissions of the parties. The decision will be interlocutory, unless the judge certifies the record for immediate appeal to the Board.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.54, 35.55, 35.186, 35.190 and 35.225 and also supersede 1 Pa. Code, Subchapter D.
§ 131.30. Consolidation.
(a) Where proceedings involve a common question of law or fact, the judge may consolidate the proceedings for hearing on all matters in issue, and may make any appropriate orders concerning the conduct of the proceedings to avoid any unnecessary costs or delay.
(b) Subsection (a) supersedes 1 Pa. Code § 35.45 (relating to consolidation).
PLEADINGS § 131.31. Form of pleadings.
(a) All proceedings, except challenges under sections 413(c) and 413(d) of the act (77 P. S. §§ 774.2 and 774.3), shall be initiated by petition.
(b) Subsection (a) supersedes 1 Pa. Code §§ 33.1--33.4, 33.11, 33.12 and 35.17.
§ 131.32. Petitions except petitions for joinder and challenge proceedings.
(a) Petitions shall be in the form prescribed by the Bureau.
(b) If the petition is filed on a Bureau petition form, an original and the number of copies specified on the petition form shall be filed with the Bureau. If there is no applicable Bureau petition form available, an original of the petition shall be filed with the Bureau. The Bureau will serve a notice of assignment specifying the judge to whom the petition has been assigned. The notice will be served on the parties named in the petition.
(c) Concurrently with filing the petition with the Bureau, the moving party shall serve a copy of the petition on all other parties, including the insurance carrier, if the insurance carrier is known, and on the attorneys of all other parties, if the attorneys are known.
(d) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form.
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 31.26, 33.15, 33.21--3.23, 33.31, 33.32, 33.37, 35.1, 35.2, 35.5--35.7, 35.9--35.11, 35.14, 35.17--35.20, 35.23, 35.24 and 35.27--35.32.
§ 131.33. Answers except answers to petitions for joinder and challenge proceedings.
(a) Answers to all petitions except petitions for joinder and challenge proceedings shall be filed in accordance with section 416 of the act (77 P. S. § 821) within 20 days after the date of assignment by the Bureau to the judge.
(b) If the answer is filed on a Bureau answer form, an original and the number of copies specified on the answer form shall be filed with the judge to whom the petition has been assigned. If there is no applicable Bureau answer form available, an original of the answer shall be filed with the judge to whom the petition has been assigned.
(c) Concurrently with filing the answer with the judge, the responding party shall serve a copy of the answer on unrepresented parties and on counsel of record.
(d) An answer shall admit or deny each averment of fact in the petition or any part of the averment to which it is responsive. A party denying only a part of the averment shall specify so much of it as is admitted and shall deny the remainder. Where applicable, admissions and denials in an answer shall refer to the specific paragraph in which the averment admitted or denied is set forth.
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 33.15, 33.37, 35.35--35.41, 35.54, 35.55 and 35.161 and also supersede 1 Pa. Code Chapter 35, Subchapter D.
§ 131.34. Other filings.
(a) Unless otherwise specifically provided by this chapter, the party filing or submitting a document to the judge shall serve an original on the judge and shall serve a copy on unrepresented parties and counsel of record.
(b) Subsection (a) supersedes 1 Pa. Code §§ 31.24, 31.25, 33.42, 35.51 and 35.169.
§ 131.35. Amendments to pleadings.
(a) A party has the right to amend a pleading at any time in a proceeding before a judge, unless the judge determines that another party has established prejudice as a result of the amendment.
(b) Subsection (a) supersedes 1 Pa. Code §§ 33.41, 33.42, 35.40 and 35.48--35.51.
§ 131.36. Joinder.
(a) A party desiring to join another defendant to assert a claim relevant to the pending petition may do so as a matter of right by filing a petition for joinder.
(b) A petition for joinder shall set forth the identity of employers and insurance carriers sought to be joined and the reasons for joining a particular employer or insurance carrier as well as the specific facts and the legal basis for the joinder.
(c) The petition for joinder shall have attached to it copies of petitions and answers previously filed and a list of the dates and locations of all prior hearings held and depositions taken.
(d) An original and the number of copies specified on the Bureau petition for joinder form shall be filed no later than 20 days after the first hearing at which evidence is received regarding the reason for which joinder is sought, unless the time is extended by the judge for good cause shown.
(e) The petition for joinder shall be filed with the Bureau and an original of any answer shall be filed with the office of the judge to whom the case has been assigned.
(f) An answer to a petition for joinder shall be filed in accordance with section 416 of the act (77 P. S. § 821) within 20 days after the date of assignment by the Bureau to the judge and may include a motion to strike.
(g) A party filing a petition for joinder or an answer to it shall serve unrepresented parties and counsel of record.
(h) A proof of service shall be attached to the petition for joinder or answer.
(i) After joinder, the original petition shall be deemed amended to assert a claim of the claimant against an additional defendant. The additional defendant is liable to any other party as the judge orders. The additional defendant shall have the same rights and responsibilities under this chapter as the original defendant.
(j) The judge may strike the petition for joinder, and the judge may order the severance or separate hearing of a claim presented therein, or as a result of the joinder.
(k) The judge will issue an order when the motion to strike a petition for joinder is granted.
(l) An order to strike a petition for joinder does not preclude or delay further proceedings before the judge.
(m) Subsections (a)--(l) supersede 1 Pa. Code §§ 31.5, 33.41, 33.42, 35.11, 35.35, 35.40, 35.48--35.51, 35.54 and 35.55 and also supersede 1 Pa. Code Chapter 35, Subchapter D.
§ 131.40. Frivolous pleadings.
If a judge determines after a hearing that a petition or other pleading is frivolous, the judge may, upon the judge's own motion or upon motion by a party, issue a decision dismissing the petition or pleading or issue some other decision within the judge's discretion.
SUPERSEDEAS § 131.41. Request for supersedeas or reconsideration of supersedeas.
(a) When a petition contains a request for supersedeas, or when a request for supersedeas is made, the judge may rule on the request only after a hearing.
(b) After a hearing, the judge may grant or deny the request for supersedeas in whole or in part. The grant or denial may be for specified or indefinite periods and may be subject to conditions that the judge orders to implement the intent of the act, Disease Law or this chapter. If a supersedeas has been granted or denied in whole or in part, the judge may, upon request and after hearing, review and modify the grant or denial as warranted.
(c) The decision of a judge on a request for or reconsideration of a supersedeas is an interlocutory order.
(d) Subsections (a)--(c) supersede 1 Pa. Code §§ 35.190 and 35.225 (relating to appeals to agency head from rulings of presiding officers; and interlocutory orders).
§ 131.42. Evidence relating to supersedeas.
(a) A party has the right to submit, and the judge may consider, one or more of the following solely in relation to a request for supersedeas.
(1) Testimony of a party or witness.
(2) The report of a physician.
(3) The records of a physician, hospital, clinic or similar entity.
(4) The written statements or reports of another person expected to be called by a party at the hearing of the case.
(5) The report of an organization or governmental body or agency stating the right of the claimant to receive, be denied, have increased or decreased benefits, and the amount of the benefits being paid or payable to the claimant.
(6) Other materials relevant to the request for supersedeas.
(b) Subsection (a) supersedes 1 Pa. Code §§ 35.137, 35.138, 35.161, 35.162 and 35.166.
§ 131.43. Disposition of request for supersedeas.
(a) The judge hearing the request for supersedeas will, within 14 days of the hearing, issue a written decision on the request for supersedeas, if granted. Unless a supersedeas is granted by a written order, it will be deemed denied from the date of filing of the request.
(b) Subsection (a) supersedes 1 Pa. Code §§ 35.190 and 35.225 (relating to appeals to agency head from rulings of presiding officers; and interlocutory orders).
§ 131.49. Disposition of automatic request for special supersedeas under section 413(a.1) of the act (77 P. S. § 774(1)).
(a) The filing of a petition alleging full recovery, accompanied by a physician's affidavit to that effect, which was prepared in connection with an examination of the employee no more than 21 days from the filing of the petition, shall act as an automatic request for supersedeas.
(b) A special supersedeas hearing will be held within 21 days of the assignment of the petition filed under this section.
(c) The judge will approve the request for supersedeas if prima facie evidence of a change in the medical status or of any other fact which would serve to modify or terminate the payment of compensation is submitted at the hearing, unless the employee establishes by a preponderance of the evidence a likelihood of prevailing on the merits of the employe's defense. In making this determination the judge will consider the physician's affidavit alleging full recovery and may consider the following:
(1) The report of the physician.
(2) The testimony of a party or witness.
(3) The records of a physician, hospital or clinic or other similar entity.
(4) The written statements or reports of another person expected to be called by a party at the hearing of the case.
(5) Other evidence relevant to the request for supersedeas.
(d) If the judge to whom the special supersedeas request has been assigned fails to hold a hearing within 21 days of assignment of the request to the judge or fails to issue a written order within 7 days of the hearing of the supersedeas request, the automatic request for supersedeas will be deemed denied. The automatic request for supersedeas will remain denied until the judge issues a written order granting the supersedeas, in whole or in part.
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 35.137, 35.138, 35.161, 35.162, 35.166, 35.190 and 35.225.
§ 131.50. Return to work-modification or suspension.
(a) If an employee returns to work, the insurer may modify or suspend the workers' compensation benefits.
(b) The insurer shall complete and file the form prescribed by the Bureau. The form shall be provided to the employe, employe's counsel, if known, and the Bureau within 7 days of the effective date of the suspension or modification of the workers' compensation benefits.
(c) When the insurer previously modified or suspended the employe's benefits under sections 413(c) or 413(d) of the act (77 P. S. §§ 774.2 and 774.3), to effectuate a subsequent modification or suspension of the employe's workers' compensation benefits, the insurer shall file the form specified in subsection (b), indicating the change in the employe's wages and corresponding change in the employe's workers' compensation benefits.
(d) Subsections (a)--(c) supersede 1 Pa. Code § 33.33 (relating to effect of service upon an attorney).
§ 131.50a. Employee request for special supersedeas hearing under section 413(c) and (d) of the act.
(a) This section governs the disposition of an employe's request for a special supersedeas hearing made in connection with a challenge to the suspension or modification of workers' compensation benefits under sections 413(c) and 413(d) of the act (77 P. S. §§ 774.2 and 774.3).
(b) A special supersedeas hearing will be held within 21 days of the employe's filing of the notice of challenge.
(c) The judge to whom the notice of challenge has been assigned will issue a written order on the challenge within 14 days of the hearing.
(d) If the judge fails to hold a hearing within 21 days or fails to issue a written order approving the suspension or modification of benefits within 14 days of the hearing, the insurer shall reinstate the employe's workers' compensation benefits at the weekly rate the employee received prior to the insurer's suspension or modification of benefits under sections 413(c) or 413(d) of the act (77 P. S. §§ 774.2 and 774.3).
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 35.161, 35.162, 35.190 and 35.225.
HEARING PROCEDURE § 131.51. Assembly of medical records.
The moving party shall assemble medical records to the extent practical prior to the filing of a petition.
§ 131.52. First hearing procedures.
(a) The purpose of this chapter is to provide a fair and prompt hearing process, to allow all parties to introduce appropriate evidence and to receive a timely decision from the judge. Where practicable and appropriate, the entire record relating to any petition shall be completed at the initial hearing.
(b) The hearing process may differ based upon several variables including geographic location, number of parties involved, case volume and availability of experts for testimony.
(c) The hearing process chosen in any specific case, including a determination of whether testimony will be accepted at the initial hearing, is within the discretion of the judge.
(d) The moving party, at the first hearing, shall advise the judge and opposing parties of the following:
(1) Allegations and issues of fact and law involved in the moving party's petition.
(2) Proposed amendments to pleadings.
(3) Stipulations of fact.
(4) Names, addresses and method of presentation of witnesses.
(5) Whether the items and information specified in § 131.61(a) (relating to exchange of information), which are intended to be used as evidence or exhibits, have been provided to the responding party at or before the first hearing.
(6) Dates of depositions.
(7) Estimate of hearing time.
(8) Other subjects which may aid in the disposition of the proceeding.
(e) The moving party, at the first hearing, unless otherwise directed by the judge, shall offer and have marked for identification available exhibits of the moving party.
(f) The parties shall provide the judge with all documents required by law to be filed with the Bureau and which are relevant to issues in dispute with the same injury date and pertaining to the same claim. The judge will place those documents in evidence along with any other documents required to be filed by law with the Bureau or prior judges and which the judge deems relevant to the proceeding. The judge and the employee may not introduce the Employer's Report of Occupational Injury or Disease into evidence.
(g) Evidence furnished under this section does not become part of the record, unless otherwise admissible.
(h) Unless otherwise ordered by the judge, the moving party shall present testimony.
(i) Subsections (a)--(h) supersede 1 Pa. Code §§ 35.101--35.106, 35.111--35.116, 35.121--35.128, 35.137, 35.138, 35.155 and 35.161--35.169.
§ 131.53. Procedures subsequent to the first hearing.
(a) Within 45 days after the date of the first hearing actually held, the responding party shall comply with § 131.52(d) (relating to first hearing procedures) and shall submit, in writing, to the judge, with copies to counsel of record and unrepresented parties, the items and information specified in § 131.52(d).
(b) The responding party, in accordance with the directions of the judge, shall offer and have marked for identification the responding party's exhibits.
(c) The judge may issue an order directing the parties to proceed with the litigation in a manner that promotes expeditious resolution and avoids delay.
(d) A party wishing to present testimony in the form of rebuttal or surrebuttal shall notify the judge in writing within 21 days after conduct of the hearing or deposition at which the testimony to be rebutted or surrebutted has been given.
(e) Following a request to present rebuttal or surrebuttal testimony, the testimony shall be presented at a hearing or deposition provided the testimony shall be taken no later than 45 days after the conclusion of the case of the party presenting the testimony or evidence to be rebutted or surrebutted.
(f) Dates of the medical examinations, if not scheduled prior to the first hearing actually held, shall be scheduled within 45 days after the first hearing actually held.
(g) Subsections (a)--(f) supersede 1 Pa. Code §§ 35.101--35.106, 35.111--35.116, 35.121--35.128, 35.137, 35.138, 35.155 and 35.161--35.169.
§ 131.53a. Consolidated hearing procedure.
(a) One day trials or other consolidated hearing procedures may be scheduled and conducted pursuant to these rules to the extent practical. The judge may waive or modify these rules as may be appropriate and adopt and direct procedures which are fair and just for a determination of the issues.
(b) Subject to § 131.3(a) (relating to waiver and modification of rules) in cases proceeding under a consolidated hearing procedure:
(1) Upon request, or on the judge's own motion, testimony from a party or witness may be taken by a trial deposition prior to the obligation of a party to conduct medical depositions, or at another appropriate time to clarify the issues.
(2) Upon request, a party shall have the opportunity to testify before the judge at the pretrial or other hearing prior to the obligation of a party to conduct medical depositions, or at another appropriate time to clarify the issues.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 35.101--35.106, 35.111--35.116, 35.121--35.128, 35.137, 35.138, 35.155 and 35.161--35.169.
§ 131.54. Manner and conduct of hearings.
(a) The judge will conduct fair and impartial hearings and maintain order. At the discretion of the judge, the hearings may be conducted by telephone or other electronic means if the parties do not object. Disregard by participants or counsel of record of the rulings of the judge shall be noted on the record, and if the judge deems it appropriate, will be made the subject of a written report to the Bureau's Director of Adjudication together with recommendations.
(b) If the participants or counsel are guilty of disrespectful, disorderly or contumacious language or conduct in connection with a hearing, the judge may suspend the hearing or take other action as the judge deems appropriate, including the submission of a written report to the Bureau's Director of Adjudication together with recommendations.
(c) A witness whose identity has not been revealed as provided in this chapter may not be permitted to testify on behalf of the defaulting party unless the testimony is allowed within the judge's discretion.
(d) In addition to subsections (a)--(c), the judge may proceed under § 131.13(m) (relating to continuances or postponements of hearings).
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 31.21--31.23, 31.27 and 31.28 and also supersede 1 Pa. Code Chapter 35, Subchapter E.
§ 131.55. Attorney fees and costs.
(a) Under section 440 of the act (77 P. S. § 996), in a disputed claim under the act when the employer or insurer has contested liability in whole or in part, the employee or a dependent, in whose favor the proceeding has been finally decided, will be awarded attorney fees and costs against the employer or insurer, unless the employer or insurer had a reasonable basis for contesting the petition.
(b) Claimant's counsel may file an application for quantum meruit fees at or before the filing of proposed findings of fact, proposed conclusions of law and briefs, and if there are no proposed findings of fact, proposed conclusions of law or briefs requested, at or before the close of the record. The application shall detail the calculation of the fee requested, shall itemize the services rendered and time expended and shall address all factors enumerated in section 440 of the act (77 P. S. § 996) in support of the application.
(c) Within 15 days after service of the application for quantum meruit fees, an opposing party may file a response to the application detailing the objections to the fee requested.
(d) A decision on the fee award will be made based on the record of the case and, if filed, the application and response. If deemed appropriate by the judge, a hearing may be held and evidence presented.
(e) The application and response will be made exhibits of record and shall be served on unrepresented parties and counsel of record as provided in § 131.34(a) (relating to other filings).
(f) Subsections (a)--(e) supersede 1 Pa. Code §§ 35.1 and 35.2 (relating to applications generally; and contents of applications).
§ 131.57. Compromise and release agreements.
(a) Under section 449 of the act (77 P. S. § 1000.5), upon or after filing a petition, the parties may engage in a compromise and release of any and all liability which is claimed to exist under the act on account of injury or death, subject to approval by the judge after consideration at a hearing.
(b) Proposed compromise and release agreements, including the stipulations of the parties, shall be recorded on a form prescribed by the Bureau. The parties may attach additional information to the form if circumstances so require.
(c) If another petition is pending before a judge at the time of the agreement of the parties to compromise and release the claim, any party may, in writing, request the judge to schedule a hearing on the proposed compromise and release agreement. The written request will be treated as an amendment of the pending matter to a petition to seek approval of a compromise and release agreement.
(d) The judge will expedite the convening of a hearing on the compromise and release agreement. The judge will circulate a written decision on the proposed compromise and release agreement within 30 days after the hearing.
(e) Subsections (a)--(d) supersede 1 Pa. Code §§ 33.42, 35.40, 35.41, 35.48--35.51, 35.101--35.106, 35.111--35.116, 35.121--35.128 and 35.155.
§ 131.58. Informal conferences.
(a) Under section 402.1 of the act (77 P. S. § 711.1), the parties upon, or after, filing a petition may agree to participate in an informal conference.
(b) All parties shall agree to participate in the informal conference.
(c) The request for the informal conference shall be recorded on a form prescribed by the Bureau and filed with the judge to whom the pending petition has been assigned.
(d) If no petition is pending, a petition and corresponding request for the informal conference shall be filed with the Bureau on a form prescribed by the Bureau.
(e) The informal conference will be governed by the instructions and procedures specified on the form prescribed by the Bureau and by section 402.1 of the act (77 P. S. § 711.1).
(f) The request shall be served on all parties and the adjudicating judge.
(g) Subsections (a)--(f) supersede 1 Pa. Code §§ 31.21--31.23 and 35.111--35.116.
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