§ 131.53. Procedures subsequent to the first hearing.
(a) Within 45 days after the date of the first hearing actually held, the responding party shall comply with § 131.52(c) (relating to first hearing procedures) and shall submit, in writing, to the judge, with copies to counsel of record and unrepresented parties, the items and information specified in § 131.52(c).
(b) The responding party, in accordance with the directions of the judge, shall offer and have marked for identification the responding party’s exhibits.
(c) The judge may issue an order directing the parties to proceed with the litigation in a manner that promotes expeditious resolution and avoids delay.
(d) The parties or the judge may request a conference at any time which may be held in person, by telephone, video, or any other electronic manner as directed by the judge.
(e) A party wishing to present testimony in the form of rebuttal or surrebuttal shall notify the judge in writing within 21 days after conduct of the hearing or deposition at which the testimony to be rebutted or surrebutted has been given.
(f) Following a request to present rebuttal or surrebuttal testimony, the testimony shall be presented at a hearing or deposition provided the testimony shall be taken no later than 45 days after the conclusion of the case of the party presenting the testimony or evidence to be rebutted or surrebutted.
(g) Dates of the medical examinations, if not scheduled prior to the first hearing actually held, shall be scheduled within 45 days after the first hearing actually held.
(h) Subsections (a)—(g) supersede 1 Pa. Code § § 35.126—35.128, 35.137, 35.138 and 35.161—35.169.
Authority The provisions of this § 131.53 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 § 131.53 adopted March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; corrected September 27, 1991, effective March 30, 1991, 21 Pa.B. 4406; corrected October 11, 1991, effective March 30, 1991, 21 Pa.B. 4839; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038. Immediately preceding text appears at serial pages (337244) and (313907).
Notes of Decisions Workers’ compensation claimant was not entitled to depose additional rebuttal expert in workers’ compensation proceeding, where claimant made deposition request approximately 1 week prior to scheduled close of record, employer objected to deposition, claimant had already deposed employer’s medical expert, and claimant had already deposed one rebuttal expert. Swigart v. W.C.A.B. (City of Williamsport), 131 A.3d 117 (Pa. Cmwlth. 2015).
Cross References This section cited in 34 Pa. Code § 131.52 (relating to first hearing procedures); and 34 Pa. Code § 131.63 (relating to time for taking oral depositions).
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