§ 111.17. Oral argument.
(a) The Board will schedule oral argument in every appeal or cross appeal unless all parties to the appeal or the cross appeal, upon receiving the acknowledgment of appeal or cross appeal, indicate that no oral argument is requested, or that it is waived.
(b) The Board will hear oral argument on appeals and cross appeals according to a schedule prepared in advance for each calendar year. Oral argument may be conducted in Harrisburg, Philadelphia and Pittsburgh or other locations in this Commonwealth, or by telephonic or electronic means, as the Board may determine.
(c) Oral argument will be scheduled at the earliest possible date following the close of the briefing schedule.
(d) The Board will notify parties of the scheduling of oral argument as far in advance as possible of the argument date.
(e) Oral argument shall consist of a presentation, including rebuttal, if necessary, by the petitioner and respondent.
(f) A petitioner or respondent represented by counsel need not be present at oral argument.
(g) Oral argument may be conducted before one or more members of the Board.
(h) Subsections (a)—(g) supersede 1 Pa. Code § § 33.51, 35.204, 35.214 and 35.221.
Authority The provisions of this § 111.17 amended under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P.S. § § 710 and 991(a) and (c)); sections 506 and 2205 of The Administrative Code of 1929 (71 P.S. § § 186 and 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P.S. § 1514).
Source The provisions of this § 111.17 adopted January 1, 1970; 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 10, 2021, subsections (a), (b) and (e)—(h) effective December 11, 2021, 51 Pa.B. 7687; amended June 10, 2022, subsections (c) and (d) effective July 11, 2022, 52 Pa.B. 3317. Immediately preceding text appears at serial pages (407565) to (407566).
Notes of Decisions Noncompliance
Where a claimant fails to follow the procedures prescribed in 34 Pa. Code § 111.17, (relating to rehearings) it is within the discretion of the Board to refuse to remand for additional testimony. Verabish v. Workmen’s Compensation Appeal Board, 330 A.2d 542 (Pa. Cmwlth. 1975).
Cross References This section cited in 34 Pa. Code § 111.35 (relating to dispositions of petitions).
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