reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter E - TELEPHONE HEARINGS › Section 101.129 - Procedures subsequent to scheduling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a party moves to withdraw consent to
				  the receipt of testimony by telephone prior to the taking of testimony, the
				  tribunal will allow the withdrawal if it is found that the consent was not
				  freely and knowingly given.
(b) An
				  objection to the receipt of testimony by telephone shall set forth the reasons
				  in support thereof and shall be promptly communicated to the tribunal, but may
				  not be asserted subsequent to the taking of testimony.
(c) The tribunal will promptly rule on
				  objections to testimony by telephone after a reasonable attempt to obtain the
				  position of the other party. The basis for the objection, the position of the
				  other party, if known, and the ruling will be documented on the
				  record.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter E - TELEPHONE HEARINGS › Section 101.130 - Notice of testimony by telephone and use of documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When testimony by telephone is to be
				  taken, the tribunal will mail the notice of hearing to the parties and, if
				  known, to their counsel or authorized agent at least 14 days in advance of the
				  hearing. The hearing notice will indicate:
(1)
				  The date and time of the hearing in prevailing Eastern time.
(2) The names of counsel, authorized agent,
				  parties and witnesses, if known, who are scheduled to appear or testify by
				  telephone.
(3) The deadline by
				  which the tribunal is to receive documents, if any, from all parties.
(4) The hearing will be tape
				  recorded.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VI - Unemployment Compensation Board of Review › Chapter 101 - GENERAL REQUIREMENTS › Subchapter E - TELEPHONE HEARINGS › Section 101.132 - Representation by telephone

Current through Register Vol. 54, No. 28, July 13, 2024
The counsel or authorized agent of a party may appear at a
					 hearing by telephone, with the approval of the tribunal.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter A - GENERAL PROVISIONS › Section 111.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  applies to proceedings before the Board under the act and the Disease
				  Law.
(b) Subsection (a) supersedes
				  1 Pa. Code §
										31.1 (relating to scope of
				  part).
The provisions of this §
												111.1 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter A - GENERAL PROVISIONS › Section 111.2 - Applicability of General Rules of Administrative Practice and Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter is
				  intended to supersede 1 Pa. Code Part II (relating to General Rules of
				  Administrative Practice and Procedure). The General Rules of Administrative
				  Practice and Procedure are not applicable to activities of and proceedings
				  before the Board.
(b) Subsection
				  (a) supersedes 1 Pa. Code §
										31.4 (relating to information and
				  special instructions).
The provisions of this §
												111.2 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.11 - Content and form

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.12 - Filing, service and proof of service

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.13 - Processing of appeals and cross appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
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).
This section cited in 34 Pa. Code §
												111.16 (relating to briefs:
						content and form and time for
						filing).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.14 - Motions to quash

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
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).
This section cited in 34 Pa. Code §
												111.15 (relating to no other
						pleadings allowed).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.15 - No other pleadings allowed

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.16 - Briefs: content and form and time for filing

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.17 - Oral argument

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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).
This section cited in 34 Pa. Code §
												111.35 (relating to dispositions
						of petitions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter B - APPEALS › Section 111.18 - Decisions of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter C - SUPERSEDEAS ON APPEAL TO THE BOARD AND COURTS › Section 111.21 - Content and form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A request for
				  supersedeas shall be filed as a separate petition from the appeal and be
				  accompanied by the following:
(1) A copy of
				  the decision and order of the judge or order and opinion of the Board from
				  which the supersedeas is requested.
(2) A short statement setting forth reasons
				  and bases for the request for supersedeas.
(3) A specific statement as to the issues of
				  law, if any, involved in the underlying appeal.
(4) Information on the current employment
				  status of the claimant, if known.
(5) The court, if any, to which an appeal
				  from the Board decision has been taken.
(6) Other relevant information for the
				  Board's consideration in determining whether the supersedeas request meets the
				  following standards:
(i) The petitioner makes
				  a strong showing that it is likely to prevail on the merits.
(ii) The petitioner shows that, without the
				  requested relief, it will suffer irreparable injury.
(iii) The issuance of a stay will not
				  substantially harm other interested parties in the proceeding.
(iv) The issuance of a stay will not
				  adversely affect the public interest.
(7) A proof of service as specified in §
											111.12(e)
				  (relating to filing, service and proof of service), insofar as
				  applicable.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter C - SUPERSEDEAS ON APPEAL TO THE BOARD AND COURTS › Section 111.22 - Filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A request for
				  supersedeas from the judge's decision shall be filed with the Board within the
				  time specified in section 423 of the act (77 P. S. §
											853).
(b) A request for supersedeas from a Board
				  order shall be filed under the applicable Pennsylvania Rules of Appellate
				  Procedure.
(c) An original request
				  for supersedeas shall be filed. The supersedeas request shall have attached a
				  copy of the judge's decision and order or Board opinion and order from which
				  the supersedeas is requested.
(d) A
				  request for supersedeas shall be served on all the parties and be accompanied
				  by a proof of service as specified in §
										111.12(e)
				  (relating to filing, service and proof of service).
(e) Subsections (a)-(d) supersede 1 Pa. Code
				  §
										33.15 (relating to number of
				  copies).
The provisions of this §
												111.22 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter C - SUPERSEDEAS ON APPEAL TO THE BOARD AND COURTS › Section 111.23 - Answers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An answer to a
				  request for supersedeas may be filed with the Board within 10 days of service
				  of the request for supersedeas.
(b)
				  An original answer shall be filed.
(c) An answer filed under this subsection
				  shall be served on all parties.
(d)
				  An answer filed under this subsection shall be accompanied by a proof of
				  service as specified in §
										111.12(e) 
				  (relating to filing, service and proof of service), insofar as
				  applicable.
(e) Subsections (a)-(d)
				  supersede 1 Pa. Code §§
										33.15 and
				  35.35 (relating to number of
				  copies; and answers to complaints and petitions).
The provisions of this §
												111.23 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter C - SUPERSEDEAS ON APPEAL TO THE BOARD AND COURTS › Section 111.24 - Disposition of request for supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may grant the request for
				  supersedeas in whole or in part.
(b) The Board will rule on requests for
				  supersedeas within 30 days of the date of receipt by the Board of the request,
				  or the request shall be deemed denied.
(c) Subsections (a) and (b) supersede 1 Pa.
				  Code §§
										35.190 and
				  35.225 (relating to appeals to
				  agency head from rulings of presiding officers; and interlocutory
				  orders).
The provisions of this §
												111.24 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter C - SUPERSEDEAS ON APPEAL TO THE BOARD AND COURTS › Section 111.25-111.30 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter D - OTHER PETITIONS › Section 111.31 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to the following petitions or
					 requests:
(1) A petition under section
				  306 of the act (77 P. S. §
											513).
(2) A petition for appointment of guardian
				  under section 307 of the act (77 P. S. §
											542).
(3) A petition alleging a meretricious
				  relationship under section 307 of the act (77 P. S. §
											562).
(4) A petition for commutation under section
				  316 of the act (77 P. S. §
											604).
(5) A petition under section 317 of the act
				  (77
				  P. S. §
											603).
(6) A petition for rehearing or
				  reconsideration under section 426 of the act (77 P. S. §
											871).
(7) A petition for attorney's fees under
				  section 442 or 501 of the act (77 P. S. §§
											998 and
				  1021).
The provisions of this §
												111.31 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter D - OTHER PETITIONS › Section 111.32 - Form/content

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions and
				  requests shall contain and be accompanied by the following:
(1) A short statement setting forth the
				  reasons and basis for the petition or request.
(2) The facts upon which the petition or
				  request is based.
(3) A specific
				  statement as to the issues of law, if any, involved in the petition or
				  request.
(4) An explanation as to
				  the status of the case, including the status of a pending appeal or petition
				  before a judge, the Board or a court.
(5) The employment status of the
				  claimant.
(6) A proof of service as
				  specified in §
											111.12(e)
				  (relating to filing, service and proof of service), insofar as
				  applicable.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter D - OTHER PETITIONS › Section 111.33 - Specific petitions/requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition for commutation under section
				  316 of the act (77 P. S. §
											604), in
				  addition to the information required by §
										111.32(a)
				  (relating to form/content), shall have attached to it:
(1) The decision or document evidencing the
				  employer/insurer's or self-insurer's responsibility to make current workers'
				  compensation payments.
(2) The
				  affidavit of the claimant, stipulation or other agreement signed by the parties
				  which, if approved, will form the basis of the proposed commutation.
(3) An original and one copy of an order to
				  be made by the Board if the commutation is approved.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter D - OTHER PETITIONS › Section 111.34 - Answers to petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  answer to a petition or request may be filed with the Board within 20 days of
				  service of the petition or request.
(b) An original answer shall be
				  filed.
(c) An answer filed shall be
				  served on all parties.
(d) An
				  answer filed shall be accompanied by a proof of service as specified in §
										111.12(e)
				  (relating to filing, service and proof of service), insofar as
				  applicable.
(e) Subsections (a)-(d)
				  supersede 1 Pa. Code §§
										33.15 and
				  35.35 (relating to number of
				  copies; and answers to complaints and petitions).
The provisions of this §
												111.34 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VII - Workers' Compensation Appeal Board › Chapter 111 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE THE WORKMEN'S COMPENSATION APPEAL BOARD › Subchapter D - OTHER PETITIONS › Section 111.35 - Dispositions of petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Board will allow and consider briefs which are submitted simultaneously with
				  the petition or request or answer thereto. A brief which is not submitted
				  simultaneously with the petition, request or answer thereto, will not be
				  considered by the Board and the petition or request may be determined on the
				  petition or request and answer thereto without further argument or
				  brief.
(b) A brief submitted with a
				  petition, request or answer thereto shall conform to the requirements of §
										111.16(e)-(g)
				  (relating to briefs: content and form and time for filing).
(c) Oral argument on a petition may be
				  scheduled at the discretion of the Board. Parties will be notified of the
				  scheduling of oral argument as far in advance of the argument date as possible.
				  The scheduling and conduct of oral argument will conform to the requirements of
				  §
										111.17 (relating to oral
				  argument).
(d) The Board may, if
				  appropriate, or will, if required by law, refer a petition or request to a
				  judge for conducting hearings, preparing findings or proposed orders.
				  Thereafter, the petition or request shall, if appropriate or required, be
				  returned to the Board.
(e)
				  Subsections (a)-(d) supersede 1 Pa. Code Chapter 35, Subchapters B, C, E and
				  I.
The provisions of this §
												111.35 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).
This section cited in 34 Pa. Code §
												111.14 (relating to motions to
						quash).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.3 - Filing of forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Forms must
				be in the format prescribed by the Bureau. All references to forms mean paper
				forms or an electronic format prescribed by the Bureau.
(b) The Bureau may return forms that are not
				properly completed or filed. If a form is returned, the Bureau will notify the
				submitting party as to the reason the form was returned. For a form returned
				for the first time, the Bureau will preserve the filing date if the submitting
				party files a corrected version of the form within 14 days of the written
				notice of the return of the form.
(c) The filing date is the date indicated on
				the United States Postal Service postmark or postal receipt. If the postmark or
				postal receipt is absent or unreadable, the filing date is the date of receipt
				by the Bureau. In all other instances, including electronic filing or
				hand-delivery, the filing date is the Bureau's date of receipt.
This section cited in 34 Pa. Code §
											123.901 (relating to Workers'
					 Compensation Automation and Integration
					 System).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.3a - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise provided by law, in computing a period of
				  time prescribed or allowed by this chapter, the day of the act, event or
				  default after which the designated period of time begins to run may not be
				  included. The last day of the period so computed shall be included, unless it
				  is Saturday, Sunday or a legal holiday in this Commonwealth, in which event the
				  period shall run until the end of the next day which is neither a Saturday,
				  Sunday nor a holiday. A part-day holiday shall be considered as other days and
				  not as a holiday. Intermediate Saturdays, Sundays and holidays shall be
				  included in the computation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.3b - Providing workers' compensation information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The workers' compensation information
				specified in subsection (b) shall be provided to every employee at the time of
				hire and immediately after the injury, or as soon thereafter as possible under
				the circumstances of the injury. If the employee's injuries are so severe that
				emergency care is required, the information shall be given as soon after the
				occurrence of the injury as is practicable.
(b) The information shall be entitled
				"Workers' Compensation Information" and include the following:
(1) The workers' compensation law provides
				wage loss and medical benefits to employees who cannot work, or who need
				medical care, because of a work-related injury.
(2) Benefits are required to be paid by your
				employer when self-insured, or through insurance provided by your employer.
				Your employer is required to post the name of the company responsible for
				paying workers' compensation benefits at its primary place of business and at
				its sites of employment in a prominent and easily accessible place, including,
				without limitation, areas used for the treatment of injured employees or for
				the administration of first aid.
(3) You should report immediately any injury
				or work-related illness to your employer.
(4) Your benefits could be delayed or denied
				if you do not notify your employer immediately.
(5) If your claim is denied by your employer,
				you have the right to request a hearing before a workers' compensation
				judge.
(6) The Bureau of Workers'
				Compensation cannot provide legal advice. However, you may contact the Bureau
				of Workers' Compensation for additional general information at: Bureau of
				Workers' Compensation, 1171 South Cameron Street, Room 103, Harrisburg,
				Pennsylvania 17104-2501; telephone number within Pennsylvania (800) 482-2383;
				telephone number outside of this Commonwealth (717) 772-4447; TTY (800)
				362-4228 (for hearing and speech impaired only);
www.state.pa.us
, PA Keyword: workers
				comp.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.5 - Reporting injuries to the Bureau

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The employer shall file a first report of
				injury as follows:
(1) Within 48 hours for
				every injury resulting in death.
(2) Within 7 days after the date disability
				begins for all other injuries covered by section 438 of the act (77 P. S. §
											994).
(3) If there is no disability, a copy of the
				report should not be sent to the Department.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.7 - Notice of compensation payable

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				If an employer files a Notice of Compensation Payable, Form LIBC-495, the
				employer shall do all of the following simultaneously and no later than 21 days
				from the date the employer had notice or knowledge of the disability:
(1) Send the Notice of Compensation Payable,
				Form LIBC-495, to the employee or the employee's dependent.
(2) Pay compensation to the employee or to
				the employee's dependent.
(3) File
				the Notice of Compensation Payable, Form LIBC-495, with the Bureau.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.7a - Notice of temporary compensation payable

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an employer files a Notice of
				Temporary Compensation Payable, Form LIBC-501, the employer shall do all of the
				following simultaneously and no later than 21 days from the date the employer
				had notice or knowledge of the disability:
(1) Send the Notice of Temporary Compensation
				Payable, Form LIBC-501, to the employee or the employee's dependent.
(2) Pay compensation to the employee or to
				the employee's dependent.
(3) File
				the Notice of Temporary Compensation Payable, Form LIBC-501, with the
				Bureau.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.8 - Agreements for compensation for disability or permanent injury

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An Agreement
				for Compensation for Disability or Permanent Injury, Form LIBC-336, shall be
				completed before being signed by the employer and the employee. If the employer
				and the employee enter into an agreement, the employer shall do all of the
				following simultaneously and not later than 21 days from the date the employer
				had notice or knowledge of the disability:
(1)
				Send the fully-executed agreement to the employee.
(2) Pay compensation to the
				employee.
(3) File the agreement
				with the Bureau.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.9 - Agreements for compensation for death

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a compensable injury results in death,
				an Agreement for Compensation for Death, Form LIBC-338, shall be executed
				between an employer and the deceased's dependents or personal representative
				and filed with the Bureau. An Agreement for Compensation for Death, Form
				LIBC-338, shall be completed before being signed by an employer and a
				deceased's dependents or personal representative.
(b) A Statement of Wages, Form LIBC-494A, or
				Statement of Wages, Form LIBC-494C, shall be filed with every Agreement for
				Compensation for Death, Form LIBC-338.
(c) If death results from the injury,
				compensation payments to the dependents for the death benefit shall begin from
				the date of the employee's death.
(d) If the employer has not obtained the
				wages necessary to properly calculate the employee's compensation payable, an
				Agreement for Compensation for Death, Form LIBC-338, based on the employee's
				estimated wages may be filed. The estimated Agreement for Compensation for
				Death, Form LIBC-338, shall be clearly identified as "Estimated."
(e) If the estimated wages or compensation is
				not correct, the employer shall amend the estimated Agreement for Compensation
				for Death, Form LIBC-338, upon receipt of the employee's actual wages.
(1) Amendments resulting in an increase in
				the employee's wage or dependent's compensation shall be filed with the Bureau
				under §
										121.12 (relating to Bureau review
				of agreements and notices of compensation payable), and shall be clearly
				identified as "Amended."
(2) The
				employer shall file a Supplemental Agreement for Compensation for Disability or
				Permanent Injury, Form LIBC-337, under §
										121.17 (relating to change in
				compensation) when there are changes resulting in a decrease in the employee's
				wage or compensation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.11 - Supplemental agreements for compensation for death

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A Supplemental Agreement for Compensation
				for Death, Form LIBC-339, may be used to change an Agreement for Compensation
				for Death, Form LIBC-338, or an award. A Supplemental Agreement for
				Compensation for Death, Form LIBC-339, shall be completed before being signed
				by an employer and a deceased's dependents or personal
				representative.
(b) An Agreement
				for Compensation for Death, Form LIBC-338, shall be changed for any of the
				following reasons:
(1) Birth of a posthumous
				child.
(2) A change in dependent's
				status, including death.
(3) A
				surviving spouse dies, remarries or becomes capable of self-support and any
				dependent children remain eligible for benefits.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.12 - Bureau review of agreements and notices of compensation payable

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Errors in
				computing wages shall be corrected by filing an amended version of the
				agreement or Notice of Compensation Payable, Form LIBC-495, with the Bureau if
				correction of errors would increase the employee's wage or compensation.
(1) The amended agreement or Notice of
				Compensation Payable, Form LIBC-495, shall be clearly identified as
				"Amended."
(2) A Statement of
				Wages, Form LIBC-494A, or Statement of Wages, Form LIBC-494C, shall be filed
				with every amended agreement or Notice of Compensation Payable, Form
				LIBC-495.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.13 - Denial of compensation

Current through Register Vol. 54, No. 28, July 13, 2024
If compensation is controverted, a Notice of Workers'
				  Compensation Denial, Form LIBC-496, shall be sent to the employee or dependent
				  and filed with the Bureau, fully stating the grounds upon which the right to
				  compensation is controverted, within 21 days after notice or knowledge to the
				  employer of the employee's disability or death.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.14 - Weekly wage for occupational disease cases

Current through Register Vol. 54, No. 28, July 13, 2024
For cases involving occupational diseases under the act, the
				  weekly wage will be determined in accordance with section 309 of the act
				  (77
				  P. S. §
										582), and a claimant's
				  compensation rate shall be subject to the maximum compensation payable rate in
				  effect at the date of last exposure.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.15 - Compensation payable

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In computing
				the time when the disability becomes compensable, the day the injured employee
				is unable to continue at work by reason of the injury shall be counted as the
				first day of disability in the 7 day waiting period. If the injured employee is
				paid full wages for the day, shift or turn on which the injury occurred, the
				following day shall be counted as the first day of disability. In determining
				the waiting period or time during which compensation is payable, each calendar
				day, including Sundays and holidays, shall be counted. In determining the
				period of disability, seven should be used as a divisor to determine the
				number, and any part, of the weeks.
(b) If death results from the injury,
				compensation payments to the dependents for death benefits shall begin from the
				date of the employee's death.
(c)
				If death results more than 7 days after the injury, compensation payments
				covering the disability period should be paid as set forth in this chapter, and
				compensation payments because of death due to the injury shall start from the
				date of death.
(d) Compensation due
				to the date of death shall be paid to the nearest of kin, or in the absence of
				same, to the estate.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 121 - GENERAL PROVISIONS › Section 121.16 - Updating claims status

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				following paragraphs apply to the Annual Claims Status Report, Form LIBC-774:
(1) The Bureau will provide the Annual Claims
				Status Report, Form LIBC-774, to an insurer each year before March 1.
(2) The insurer shall file a completed Annual
				Claims Status Report, Form LIBC-774, including any attachment required to
				support the data reported, to the Bureau each year before June 1.
(3) If an insurance carrier fails to file the
				completed report, the Bureau may recommend that the Insurance Commissioner
				revoke or suspend the insurance carrier's license under section 441(a) of the
				act (77 P. S. §
											997(a)).
(4) If a self-insured employer fails to
				timely file the completed report, the Secretary of the Department may revoke or
				suspend the self-insured employer's privilege to carry its own risk under
				section 441(b) of the act.
(5) The
				Annual Claims Status Report must contain a list of all open claims which were
				initiated by the filing of a Bureau document other than a first report of
				injury, more than 3 calendar years before the calendar year in which the report
				is filed and on which no activity was reported to the Bureau during the
				calendar year immediately before the report year.
(6) Only open claims which were initiated
				with the Bureau during calendar year 2004 and thereafter may be listed in the
				Annual Claims Status Report.