Subchapter C. SUPERSEDEAS ON APPEAL TO THE
BOARD AND COURTS
Sec.
111.21. Content and form.
111.22. Filing.
111.23. Answers.
111.24. Disposition of request for supersedeas.
111.25—111.30. [Reserved].§ 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 and order 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(e) (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.
Authority The provisions of this § 111.21 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P.S. § § 710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P.S. § 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P.S. § 1514).
Source The provisions of this § 111.21 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1631; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (320248) to (320249).
Notes of Decision Supersedeas Request
Claimant who appealed grant of employer’s second vocational interview, appealed Worker’s Compensation Appeal Board’s denial of his supersedeas request; claimant offered no evidence that he would suffer irreparable harm if supersedeas were denied and if claimant’s benefits had been suspended for failure to attend the vocational interview and he prevailed on appeal, Claimant would be entitled to receive all compensation due from the date of the order granting employer’s petition. Linton v. W.C.A.B. (Amcast Indus. Corp.), 895 A.2d 677, 680 (Pa. Cmwlth 2006).
The grant or denial of supersedeas is at the discretion of the Worker’s Compensation Appeal Board. Linton v. W.C.A.B. (Amcast Indus. Corp.), 895 A.2d 677, 680 (Pa. Cmwlth. 2006).
Cross References This section cited in 34 Pa. Code § 111.11 (relating to content and form).
§ 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 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 request for supersedeas shall be filed. The supersedeas request shall have attached a copy of the judge’s decision and order or Board opinion and 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(e) (relating to filing, service and proof of service).
(e) Subsections (a)—(d) supersede 1 Pa. Code § 33.15 (relating to number of copies).
Authority The provisions of this § 111.22 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P.S. § § 710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P.S. § 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P.S. § 1514).
Source The provisions of this § 111.22 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1631; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial page (330011).
Notes of Decisions Penalties
Employer was not in violation of the Workers’ Compensation Act by not making payment on compromise and release agreement pending appeal of workers’ compensation judge’s decision upholding the agreement; employer complied with the Act by timely filing a petition for supersedeas and therefore was not subject to penalty for failure to make payment after its supersedeas petition was granted by the Workers’ Compensation Appeal Board. Gregory v. W.C.A.B. (Narvon Builders), 926 A.2d 564, (Pa. Cmwlth. 2007).
When the Pennsylvania Workers’ Compensation Act and the Board’s supersedeas regulations are read together, the conclusion is that an employer can be deemed in default only if it fails to seek supersedeas while pursuing additional review or refuses to make a compensation payment after its supersedeas request is denied; to hold otherwise would render the Workers’ Compensation Appeal Board’s supersedeas regulations and authority a nullity. Snizaski v. W.C.A.B. (Rox Coal Co.), 891 A.2d 1267, 1278 (Pa. 2006).
§ 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 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(e) (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).
Authority The provisions of this § 111.23 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P. S. § § 710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P. S. § 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P. S. § 1514).
Source The provisions of this § 111.23 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1631; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (330011) to (330012).
Notes of Decisions Penalties
When the Pennsylvania Workers’ Compensation Act and the Board’s supersedeas regulations are read together, the conclusion is that an employer can be deemed in default only if it fails to seek supersedeas while pursuing additional review or refuses to make a compensation payment after its supersedeas request is denied; to hold otherwise would render the Workers’ Compensation Appeal Board’s supersedeas regulations and authority a nullity. Snizaski v. W.C.A.B. (Rox Coal Co.), 891 A.2d 1267, 1278 (Pa. 2006).
§ 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 30 days of the date of receipt by the Board of the request, 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).
Authority The provisions of this § 111.24 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P. S. § § 710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P. S. § 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P. S. § 1514).
Source The provisions of this § 111.24 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1631; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (330012) and (337207).
Notes of Decisions Awards
The Workers’ Compensation Act contemplates an award of penalties only where a claimant has prevailed on the merits of the case. Shannon v. W.C.A.B. (City of Erie—Fire Dep’t), 691 A.2d 1010 (Pa. Cmwlth. 1997); appeal denied 702 A.2d 1062 (Pa. 1997).
Penalties
When the Pennsylvania Workers’ Compensation Act and the Board’s supersedeas regulations are read together, the conclusion is that an employer can be deemed in default only if it fails to seek supersedeas while pursuing additional review or refuses to make a compensation payment after its supersedeas request is denied; to hold otherwise would render the Workers’ Compensation Appeal Board’s supersedeas regulations and authority a nullity. Snizaski v. W.C.A.B. (Rox Coal Co.), 891 A.2d 1267, 1278 (Pa. 2006).
Where an employer made a timely request for supersedeas, and the supersedeas was ultimately granted, it was not an abuse of discretion of the Worker’s Compensation judge and the Board to deny the employee’s request for penalties for nonpayment during the period the supersedeas petition was pending. To hold that an employer is liable for penalties for nonpayment when its request for supersedeas is pending in effect makes the employer’s right to supersedeas, in most instances, a nullity. Candito v. W.C.A.B (City of Philadelphia), 785 A.2d 1106 (Pa. Cmwlth. 2001); appeal denied 814 A.2d 678 (Pa. 2002).
Time for Board Ruling
Legislative directive in the Statutory Construction Act of 1972 leads to the conclusion that Saturdays, Sundays and holidays are not to be included in the computation of time periods. Wolf v. Workers’ Compensation Appeal Board (County of Berks, Office of Aging), 705 A.2d 483 (Pa. Cmwlth. 1997).
§ § 111.25—111.30. [Reserved].
Source The provisions of these § § 111.25—111.30 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial pages (9428) to (9431). November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial page (9431).
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