§ 121.28. [Reserved].
Source The provisions of this § 121.28 adopted August 1, 1975, effective August 2, 1975, 5 Pa.B. 1975; reserved August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (259559).
Notes of Decisions Oral Supersedeas
The referees oral supersedeas to an employers request for termination of benefits, which was obtained ex parte as a result of the employer listing the wrong address of the claimant thus precluding the claimant of any knowledge of the hearing, clearly violated due process. Penn Window and Office Cleaning Company v. Workmens Compensation Appeal Board (Pearsall), 550 A.2d 610 (Pa. Cmwlth. 1988).
Timeliness
A two month delay in scheduling a hearing after a request for supersedeas is a violation of 34 Pa. Code § 121.28 and 77 P. S. § § 774 and 802. Westmoreland Casualty Company v. Workmens Compensation Appeal Board, 379 A.2d 1080 (Pa. Cmwlth. 1977).
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.