Subchapter B. APPEALS
Sec.
111.11. Content and form.
111.12. Filing, service and proof of service.
111.13. Processing of appeals and cross appeals.
111.14. Motions to quash.
111.15. No other pleadings allowed.
111.16. Briefs: content and form and time for filing.
111.17. Oral argument.
111.18. Decisions of the Board.§ 111.11. Content and form.
(a) An appeal or cross appeal shall be filed with the Board on a form provided by the Board. All references to forms mean paper forms or an electronic format prescribed by the Board and published in the Pennsylvania Bulletin or the Department’s web site located at www.dli.state.pa.us. All forms must contain the following information:
(1) The name and address of the claimant, name and address of the defendant, date of the injury, type of petition, insurance carrier and circulation date of the decision at issue. An appeal from a workers’ compensation judge’s decision is deemed to include all claim numbers, dispute numbers and petition numbers referenced in the decision and order which are the subject of the appeal. This paragraph does not supersede the other requirements of this section.
(2) A statement of the particular grounds upon which the appeal is based, including reference to the specific findings of fact which are challenged and the errors of the law which are alleged. General allegations which do not specifically bring to the attention of the Board the issues decided are insufficient.
(3) A statement of the relief which is requested.
(4) A statement whether the petitioner seeks an opportunity to file a brief or present oral argument or whether the case should be heard on the record without brief or oral argument.
(5) Identification of the judge whose decision is in question, including as an attachment, a copy of that judge’s decision.
(6) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service).
(b) An appeal or a cross appeal shall be served on all parties and the judge.
(c) A request for supersedeas, if desired, shall be indicated on the appeal and conform to § 111.21 (relating to content and form).
(d) Subsections (a)—(c) supersede 1 Pa. Code § § 31.5, 33.1—33.4, 33.11, 33.12, 35.17 and 35.20.
Authority The provisions of this § 111.11 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 § 111.11 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 October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (345966) to (345968).
Notes of Decisions Referee’s Decision
Failure to attach a copy of the referee’s decision to an appeal will not provide the basis to strike an appeal to a Workmen’s Compensation Appeal Board when, due to clerical error, a copy of the decision was not available and the employer’s attorney attached letter stating the same. Smith v. Workmen’s Compensation Appeal Board, 632 A.2d 1033 (Pa. Cmwlth. 1993); appeal denied 644 A.2d 1205 (Pa. 1994).
Specificity
Appeals before the Workmen’s Compensation Appeal Board are governed by this regulation; therefore, employer could not succeed in framing its credit issue for the Workmen’s Compensation Appeal Board where employer made absolutely no mention of that issue in questioning the Workmen Compensation Judge’s conclusions. The employer waived its right to challenge that issue. Lewistown Hospital v. Workmen’s Compensation Appeal Board, 683 A.2d 702 (Pa. Cmwlth. 1996).
The employer’s notice of appeal to the Workers’ Compensation Appeal Board utterly failed to raise the claims of error with any degree of specificity and thus the claims have been waived for purposes of appeal, where the employer merely stated ‘‘2-10’’ on the appeal form to the Board, and such a cryptic assertion clearly does not specify the errors of law committed by the Workers’ Compensation Judge or why his decision does not conform to the provisions of the Workers’ Compensation Act. Jonathan Sheppard Stables v. Workers’ Compensation Appeal Board, 739 A.2d 1084 (Pa. Cmwlth. 1999).
Sufficient Particularity
Original counsel’s petition filed with the Workers’ Compensation Appeal Board for appeal nunc pro tunc for reinstatement of counsel fees challenging the Workers’ Compensation Judge’s fee award to subsequent counsel was raised at the at the appropriate time with appropriate sufficiency to preserve the issue before the Board; while the petition filed by counsel was not the typical appeal document, the procedural posture of this case was, itself, not typical as he was not a party to the WCJ’s decision. Hendricks v. Workers’ Compensation Appeal Board (Phoenix Pipe and Tube), 909 A.2d 445, N. 12 (Pa. Cmwlth. 2006).
The employer sufficiently specified issues upon which it based its notice of appeal by listing by number only, the findings of fact and conclusion of law at issue and no error of law was committed by Workmen’s Compensation Appeal Board in hearing the appeal. Garnett v. Workmen’s Compensation Appeal Board (Equitable Gas Co.), 631 A.2d 705 (Pa. Cmwlth. 1993); appeal denied 641 A.2d 312 (Pa. 1994).
Notice of appeal which identified findings of fact and law by number alone provided sufficient notice of the issues on appeal. Garnett v. Workmen’s Compensation Board of Appeal, 631 A.2d 705 (Pa. Cmwlth. 1993).
Timely Appeal
Workers’ compensation claimant did not file timely appeal and did not properly mail appeal of workers’ compensation judge’s decision when he sent appeal documents to the Bureau of Workers’ Compensation rather than to the Workers’ Compensation Appeal Board; appeal form instructed claimant to send appeal to the Board and Board’s mailing address was listed on top of the form. Ludwikowski v. Workers’ Compensation Appeal Board (Dubin Paper Co.), 910 A.2d 99, 101—102 (Pa. Cmwlth. 2006).
Waiver of Issue
It is clear that where none of the challenged findings of fact or conclusions of law referred to the employer’s first terminated petition, let alone the doctrine of res judicata, the claimant waived the res judicata issue. Williams v. Workmen’s Compensation Appeal Board, 687 A.2d 428 (Pa. Cmwlth. 1997).
Cross References This section cited in 34 Pa. Code § 111.12 (relating to filing, service and proof of service); and 34 Pa. Code § 111.15 (relating to no other pleadings allowed).
§ 111.12. Filing, service and proof of service.
(a) When filing other than electronically, an original of each appeal or cross appeal shall be filed. The appeal shall have attached a copy of the judge’s decision which is in question as required by § 111.11(a)(5) (relating to content and form).
(b) When filing electronically, the petitioner shall follow the online procedures established by the Department on its web site located at www.dli.state.pa.us.
(c) The petitioner shall serve a copy of any appeal upon all parties and the judge.
(d) The respondent shall serve a copy of any cross appeal upon all parties and the judge.
(e) The petitioner or respondent shall, concurrently with the filing of an appeal or cross appeal, on a form prescribed by the Board or in substantial compliance therewith, file a proof of service with the Board containing:
(1) A statement of the date of service.
(2) The names of parties and judge served.
(3) The mailing address, the applicable zip code and the manner of service on the parties and judge served.
(f) Subsections (a)—(e) supersede 1 Pa. Code § § 31.26, 33.15, 33.32, 33.33 and 33.35—33.37.
Authority The provisions of this § 111.12 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 § 111.12 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 October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (345968) to (345969).
Cross References This section cited in 34 Pa. Code § 111.11 (relating to content and form); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 111.16 (relating to briefs: content and form and time for filing); 34 Pa. Code § 111.21 (relating to content and form); 34 Pa. Code § 111.22 (relating to filing); 34 Pa. Code § 111.23 (relating to answers); 34 Pa. Code § 111.32 (relating to form/content); and 34 Pa. Code § 111.34 (relating to answers to petitions).
§ 111.13. Processing of appeals and cross appeals.
(a) Upon receipt of an appeal or a cross appeal, the Board will acknowledge receipt to all parties.
(b) The Board will, in addition to acknowledging receipt of the appeal or the cross appeal, establish a briefing schedule and indicate that the appeal and the cross appeal will be scheduled for oral argument unless all parties agree to submission of the case on only briefs or record.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.31 (relating to service by the agency).
Authority The provisions of this § 111.13 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); 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 § 111.13 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 19, 2014, effective December 20, 2014, 44 Pa.B. 7837; amended December 10, 2021, effective December 11, 2021, 51 Pa.B. 7687. Immediately preceding text appears at serial page (375334).
Cross References This section cited in 34 Pa. Code § 111.16 (relating to briefs: content and form and time for filing).
§ 111.14. Motions to quash.
(a) A party may submit a motion to quash an appeal or a cross appeal within 20 days of service of the appeal or the cross appeal.
(b) A motion to quash shall be served on all parties.
(c) A motion to quash shall be accompanied by a proof of service conforming to § 111.12(e) (relating to filing, service and proof of service), insofar as applicable.
(d) The Board shall dispose of a motion to quash in conformity with the procedures set forth in § 111.35 (relating to dispositions of petitions).
(e) An original motion to quash shall be filed.
(f) Subsections (a)—(e) supersede 1 Pa. Code § § 31.26, 33.15, 33.32, 33.33, 33.35—33.37, 35.54 and 35.55 and also supersede 1 Pa. Code Chapter 35, Subchapter D (relating to motions).
Authority The provisions of this § 111.14 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 § 111.14 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 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (337205) to (337206).
Notes of Decisions Entitlement to Benefits
Although claimant did not prove entitlement to benefits under section cited in his petition, and even though claimant did not amend his petition, Board should not have ignored referee’s finding that claimant qualified under different section of Workmen’s Compensation Act. Long v. Workmen’s Compensation Appeal Board, 505 A.2d 369 (Pa. Cmwlth. 1986).
Exceptions
Where employer had denied receipt of notice of worker’s injury in answer to worker’s claim petition, had examined worker on notice issue before referee and desired to pursue this issue on appeal to the Workmen’s Compensation Appeal Board, employer should have included issue in its exceptions to the referee’s decisions under 34 Pa. Code § 111.14(a). Vare Brothers v. Workmen’s Compensation Appeal Board, 496 A.2d 1316 (Pa. Cmwlth. 1985).
A letter to a referee does not constitute an appeal to the Board if it is not addressed to the Board and does not state specific exceptions to the decision of the referee. McBride Transportation Co. v. Workmen’s Compensation Appeal Board, 413 A.2d 470 (Pa. Cmwlth. 1980).
Issue
Although petitioner did not mention the issue of credit for nonservice connected disability pension payments in the statement which followed the list of challenged conclusions of law, the issue was not waived because Petitioner included the issue in that list. Hildebrand v. Workmen’s Compensation Appeal Board, 532 A.2d 1287 (Pa. Cmwlth. 1987).
If the referees and the Workmen’s Compensation Appeal Board observe the claimant’s scars and the scars themselves indicate permanent disfigurement, medical evidence need not be adduced to establish the permanence of the disfigurement unless the permanence of the scars is put in issue. Sun Shipbuilding and Dry Dock Co. v. Workmen’s Compensation Appeal Board, 398 A.2d 1111 (Pa. Cmwlth. 1979); affirmed 100 S. Ct. 2432 (U. S. 1980).
Reception of Evidence
When the claimant, who was disfigured, appealed the referee’s findings to the Board which increased the award after viewing the disfigurement the reception of evidence by the Board was proper as an exception to the general rule that where the referee’s findings are supported by competent evidence the Board has no power to take additional evidence or to disturb the referee’s findings. Workmen’s Compensation Appeal Board v. Jones & Laughlin Steel Corp., 360 A.2d 854 (Pa. Cmwlth. 1976).
Timeliness
Section 423 of the Pennsylvania Workmen’s Compensation Act (77 P. S. § 853) should be read in conjunction with this section to require a statement of specific grounds upon which appeal is taken, and Board, therefore, erred by considering issue raised beyond 20-day period set forth in section 423. Fiorentino v. Workmen’s Compensation Appeal Board, 571 A.2d 554 (Pa. Cmwlth. 1990).
Cross References This section cited in 34 Pa. Code § 111.15 (relating to no other pleadings allowed).
§ 111.15. No other pleadings allowed.
(a) Other than a motion to quash as set forth in § 111.14 (relating to motions to quash) and a cross-appeal, as set forth in § 111.11 (relating to content and form), no answer or other pleading may be filed or considered in conjunction with an appeal or a cross appeal.
(b) Subsection (a) supersedes 1 Pa. Code § § 31.24, 31.25, 33.41, 33.42, 33.61, 35.1, 35.2, 35.5—35.7, 35.9—35.11, 35.14, 35.18, 35.19, 35.23, 35.24, 35.27—35.30, 35.35—35.41, 35.48—35.51, 35.54, 35.55, 35.211, 35.213, 35.231, 35.241 and 35.251.
Authority The provisions of this § 111.15 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 § 111.15 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. Immediately preceding text appears at serial page (259547).
§ 111.16. Briefs: content and form and time for filing.
(a) A brief on behalf of a petitioner shall be filed with the Board within 30 days of the date of the Board’s acknowledgment of receipt of the appeal as set forth in § 111.13 (relating to processing of appeals and cross appeals). In the event subsequent appeals or cross appeals are filed, the Board will issue revised briefing schedules.
(b) A brief on behalf of a respondent shall be filed with the Board within 30 days after service of the petitioner’s brief, or where petitioner fails to timely file a brief, within 30 days of the date the petitioner’s brief was to be filed. In the event subsequent appeals or cross appeals are filed, the Board will issue a revised briefing schedule.
(b.1) The Board may direct the filing of a supplemental brief.
(c) Upon written request of a party directed to the Board, and with notice to all parties, the Board may extend the time for filing of the party’s brief only for good cause shown. A party shall file a request to extend the time for filing a brief before the date set for filing that party’s brief. The request shall indicate the position of the other parties with respect to the request.
(d) Briefs not filed with the Board in accordance with the schedule in this section or as modified by the Board under subsection (c) will not be considered and will result in disposition of the appeal without further notice or consideration of the brief of the party failing to comply with these deadlines or schedule.
(e) Briefs, except as otherwise allowed, shall consist of the following items, separately and distinctly set forth:
(1) A short statement of the questions involved.
(2) A statement of the facts by the petitioner, or counterstatement of the facts by the respondent.
(2.1) A summary of the argument, not to exceed one page.
(3) The argument.
(4) A short conclusion setting forth the precise relief sought.
(5) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service) insofar as applicable.
(f) (Reserved)
(g) Briefs shall be served on all parties.
(h) Subsections (a)—(g) supersede 1 Pa. Code § § 31.15, 33.37, 35.212 and 35.221 and also supersede 1 Pa. Code Chapter 35, Subchapter F (relating to briefs).
Authority The provisions of this § 111.16 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); 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 § 111.16 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 19, 2014, effective December 20, 2014, 44 Pa.B. 7837; amended December 10, 2021, subsections (d)—(h) effective December 11, 2021, 51 Pa.B. 7687; amended June 10, 2022, subsections (a), (b), (b.1) and (c) effective July 11, 2022, 52 Pa.B. 3317. Immediately preceding text appears at serial pages (407564) to (407565).
Cross References This section cited in 34 Pa. Code § 111.35 (relating to dispositions of petitions).
§ 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).
§ 111.18. Decisions of the Board.
(a) The decision of the Board on an appeal and a cross appeal shall be issued as promptly as possible following oral argument or the receipt of briefs, whichever occurs later.
(b) (Reserved)
(c) Decisions of the Board will be served on all parties and the judge from whose decision the appeal was taken.
(d) Subsections (a)—(c) supersede 1 Pa. Code § § 31.13, 31.14, 35.201—35.207 and 35.226.
Authority The provisions of this § 111.18 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 § 111.18 adopted 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, effective December 11, 2021, 51 Pa.B. 7687. Immediately preceding text appears at serial pages (375338) to (375339).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
