Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

34 Pa. Code § 123.804. Filing of claim petition for benefits from the Fund.

§ 123.804. Filing of claim petition for benefits from the Fund.

 (a)  If an injured worker attempts to file a ‘‘Claim Petition for Benefits from the Uninsured Employer Guaranty Fund’’ before filing the ‘‘Notice of Claim Against Uninsured Employer’’ (Notice) required under §  123.802 (relating to notice to the Uninsured Employer Guaranty Fund), the Department will return the petition to the injured worker and instruct the worker to complete a Notice.

 (b)  A Claim Petition for Workers’ Compensation (LIBC—362) filed against an employer may not act as a claim against the Uninsured Employer Guaranty Fund (Fund) or be deemed notice to the Fund.

 (c)  An injured worker seeking an award of benefits from the Fund shall file the ‘‘Claim Petition for Benefits from the Uninsured Employer Guaranty Fund’’ with the Bureau and shall serve the Fund and the alleged employer at the addresses identified on the petition. The Fund is not required to answer a petition which does not conform to this section.



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