§ 171.106. Points for charge.
(a) Counsel shall submit copies of requested points for charge and supporting brief to the arbitration panel chairperson and to the opposing attorneys before any closing addresses to the panel are begun or, if directed by the chairperson, at an earlier time.
(b) The arbitration panel chairperson shall rule on suggested points for charge and shall charge the members of the panel at the hearing in the presence of counsel prior to the beginning of deliberations by the panel. Counsel may object to the charge only before the panel retires to deliberate.
(c) If the arbitration panel chairperson determines during the deliberations of the panel that there is need for additional points for charge or correction of prior points for charge, he shall notify counsel for the parties and shall give the additional or corrected points for charge to the members of the panel in the presence of counsel. Counsel may object to the additional or corrected points for charge only before the panel resumes its deliberations.
Source The provisions of this § 171.106 amended June 19, 1981, effective July 12, 1980, 11 Pa.B. 2134. Immediately preceding text appears at serial page (50497).
Notes of Decisions Delayed Damages
Damages for delay must be requested as a point for charge under 37 Pa. Code § 171.106; absent such request, such damages are presumed to be included in the arbitrator’s award. Harmer v. Horsham Hospital, Inc., 431 A.2d 1187 (Pa. Cmwlth. 1981).
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