Subchapter D. OTHER PETITIONS
Sec.
111.31. Applicability.
111.32. Form/content.
111.33. Specific petitions/requirements.
111.34. Answers to petitions.
111.35. Dispositions of petitions.
111.41. [Reserved].
111.42. [Reserved].
111.43. [Reserved].
111.44. [Reserved].
Cross References This subchapter cited in 34 Pa. Code § 111.3 (relating to definitions).
§ 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 or reconsideration 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 and 1021).
Authority The provisions of this § 111.31 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 § 111.31 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 (294651) to (294652).
§ 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(e) (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 petition and request 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.
Authority The provisions of this § 111.32 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 § 111.32 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 (294652).
Cross References This section cited in 34 Pa. Code § 111.33 (relating to specific petitions/requirements).
§ 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).
Authority The provisions of this § 111.33 amended under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P. S. § § 710 and 991(a) and (c)); 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 § 111.33 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. Immediately preceding text appears at serial page (228523).
§ 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 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(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 § 111.34 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 § 111.34 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 (294653) to (294654).
§ 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: content and form and time for filing).
(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.
Authority The provisions of this § 111.35 amended under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P. S. § § 710 and 991(a) and (c)); 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 § 111.35 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. Immediately preceding text appears at serial pages (228524) and (259553).
Cross References This section cited in 34 Pa. Code § 111.14 (relating to motions to quash).
§ 111.41. [Reserved].
Source The provisions of this § 111.41 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial page (52280).
§ 111.42. [Reserved].
Source The provisions of this § 111.42 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial pages (52280) to (52281).
§ 111.43. [Reserved].
Source The provisions of this § 111.43 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial page (52281).
Notes of Decisions Referral
Because the referee failed to obey the directions of the Workers’ Compensation Board and this disability determination has been pending for over 6 years, this matter was remanded with instructions to the Board to make findings of fact through the use of a worker’s compensation judge as the Board’s hearing officer who will report testimony taken back to the Board. The Board is then ordered to make a final adjudication pursuant to this regulation. Benjamin v. Workmen’s Compensation Appeal Board, 672 A.2d 364 (Pa. Cmwlth. 1996).
The referee and the Board are not compelled to find as facts allegations in a claim petition which are not specifically denied, and therefore failure to find as facts allegations of an accident when they are not specifically denied does not constitute error. Isherwood v. Township of Penn Hills, 318 A.2d 767 (Pa. Cmwlth. 1974).
This section was invalidated by the act of February 8, 1972 (P. L. 23) which repealed the act of July 21, 1919 (77 P. S. § 112), under which this section was promulgated. St. Denis v. Workmen’s Compensation Appeal Board, 371 A.2d 252 (Pa. Cmwlth. 1977).
§ 111.44. [Reserved].
Source The provisions of this § 111.44 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial page (113055).
Notes of Decisions Authority
Although claimant had filed his claim without showing that the incidence of the condition complained of was greater in his occupation than in the general population, the referee was authorized under 34 Pa. Code § 111.44(c) to grant relief. Rightly v. Workmen’s Compensation Appeal Board, 509 A.2d 905 (Pa. Cmwlth. 1986).
Remand
Case remanded where Workmen’s Compensation Appeal Board had failed to act on claimant’s request for leave to amend his claim petition to come within section 301(c) of the Pennsylvania Workmen’s Compensation Act and where referee had found that work-related gases and dust had aggravated pre-existing lung condition to point of total disability. Sandusky v. Workmen’s Compensation Appeal Board, 487 A.2d 1019 (Pa. Cmwlth. 1985).
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