reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › GENERAL › Section 131.24 - Recusal of judge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The judge
					 may recuse himself on the judge's own motion.
(b) A party may file a motion for recusal,
					 which shall be addressed to the judge to whom the proceeding has been assigned.
					 The judge will conduct an evidentiary hearing and issue a decision within 15
					 days following receipt of the evidentiary hearing transcript and post-hearing
					 submissions of the parties. The decision will be interlocutory, unless the
					 judge certifies the record for immediate appeal to the Board.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §§
											35.54,
					 35.55,
					 35.186,
					 35.190 and
					 35.225 and also supersede 1 Pa.
					 Code Chapter 35, Subchapter D.
The provisions of this §
													131.24 adopted under the 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › GENERAL › Section 131.30 - Consolidation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Where
					 proceedings involve a common question of law or fact, the judge may consolidate
					 the proceedings for hearing on all matters in issue, and may make any
					 appropriate orders concerning the conduct of the proceedings to avoid any
					 unnecessary costs or delay.
(b)
					 Subsection (a) supersedes 1 Pa. Code §
											35.45 (relating to
					 consolidation).
The provisions of this §
													131.30 issued 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 Occupational
						  Disease Act (77 P. S. §
														1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › PLEADINGS › Section 131.31 - Form of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
					 proceedings, except challenges under sections 413(c) and 413(d) of the act
					 (77
					 P. S. §§
												774.2 and
					 774.3), shall be initiated by
					 petition.
(b) Subsection (a)
					 supersedes 1 Pa. Code §§
											33.1-33.4,
					 33.11, 33.12 and 35.17.
The provisions of this §
													131.31 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 Occupational
						  Disease Act (77 P. S. §
														1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › PLEADINGS › Section 131.32 - Petitions except petitions for joinder and challenge proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions shall
					 be in the form prescribed by the Department.
(b) Any petition, filed in accordance with
					 this chapter, shall be filed with the Department as prescribed by the form. If
					 there is no applicable Department petition form available, an original of the
					 petition shall be filed with the Department. The Department will serve a notice
					 of assignment specifying the judge to whom the petition has been assigned. The
					 notice will be served on the parties named in the petition.
(c) Concurrently with filing the petition
					 with the Department, the moving party shall serve a copy of the petition on all
					 other parties, including the insurance carrier, if the insurance carrier is
					 known, and on the attorneys of all other parties, if the attorneys are
					 known.
(d) The material facts on
					 which a cause of action or defense is based shall be stated in a concise and
					 summary form.
(e) Subsections
					 (a)-(d) supersede 1 Pa. Code §§
											31.26,
					 33.15, 33.21-33.23, 33.31, 33.32,
					 33.37, 35.1, 35.2, 35.5-35.7, 35.9-35.11, 35.14, 35.17-35.20, 35.23, 35.24 and
					 35.27-35.32.
The provisions of this §
													131.32 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 §
													131.121 (relating to penalty
						  proceedings initiated by a party).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › PLEADINGS › Section 131.33 - Answers except answers to petitions for joinder and challenge proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Answers to
					 claim petitions shall be filed in accordance with section 416 of the act
					 (77
					 P. S. §
												821) within 20 days after the
					 date of assignment to the judge. Except petitions for joinder under §
											131.36 (relating to joinder), and
					 challenge proceedings which require no answer, answers to all other petitions
					 may be filed within 20 days after the date of assignment to the
					 judge.
(b) Any answer filed in
					 accordance with this chapter shall be filed with the Department as prescribed
					 on the answer form. If there is no applicable Department answer form available,
					 an original of the answer shall be filed with the Department.
(c) Concurrently with filing the answer, the
					 responding party shall serve a copy of the answer on unrepresented parties and
					 on counsel of record.
(d) An answer
					 shall admit or deny each averment of fact in the petition or any part of the
					 averment to which it is responsive. A party denying only a part of the averment
					 shall specify so much of it as is admitted and shall deny the remainder. Where
					 applicable, admissions and denials in an answer shall refer to the specific
					 paragraph in which the averment admitted or denied is set forth.
(e) Subsections (a)-(d) supersede 1 Pa. Code
					 §§
											33.15,
					 33.37,
					 35.35-35.41,
					 35.54,
					 35.55 and
					 35.161 and also supersede 1 Pa.
					 Code Chapter 35, Subchapter D (relating to motions).
The provisions of this §
													131.33 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 §
													131.12 (relating to modification
						  of time); and 34 Pa. Code §
													131.121 (relating to penalty
						  proceedings initiated by a party).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › PLEADINGS › Section 131.34 - Other filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
					 otherwise specifically provided by this chapter, the party filing or submitting
					 a document to the judge shall serve an original on the judge and shall serve a
					 copy on unrepresented parties and counsel of record.
(b) Subsection (a) supersedes 1 Pa. Code
					 §§
											31.24,
					 31.25, 33.42, 35.51 and
					 35.169.
The provisions of this §
													131.34 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 §
													131.55 (relating to attorney fees
						  and costs); and 34 Pa. Code §
													131.81 (relating to
						  subpoenas).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › PLEADINGS › Section 131.35 - Amendments to pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
					 has the right to amend a pleading at any time in a proceeding before a judge,
					 unless the judge determines that another party has established prejudice as a
					 result of the amendment.
(b)
					 Subsection (a) supersedes 1 Pa. Code §§
											33.41,
					 33.42, 35.40 and
					 35.48-35.51.
The provisions of this §
													131.35 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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › PLEADINGS › Section 131.40 - Frivolous pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
If a judge determines after a hearing that a petition or
						other pleading is frivolous, the judge may, upon the judge's own motion or upon
						motion by a party, issue a decision dismissing the petition or pleading or
						issue some other decision within the judge's discretion.
The provisions of this §
													131.40 issued 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › SUPERSEDEAS › Section 131.41 - Request for supersedeas or reconsideration of supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a petition contains a request for
					 supersedeas, or when a request for supersedeas is made, the judge may rule on
					 the request only after a hearing.
(b) After a hearing, the judge may grant or
					 deny the request for supersedeas in whole or in part. The grant or denial may
					 be for specified or indefinite periods and may be subject to conditions that
					 the judge orders to implement the intent of the act, the Disease Law or this
					 chapter. If a supersedeas has been granted or denied in whole or in part, the
					 judge may, upon request or on the judge's own motion, and after hearing, review
					 and modify the grant or denial as warranted.
(c) The decision of a judge on a request for
					 or reconsideration of a supersedeas is an interlocutory order.
(d) Subsections (a)-(c) 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 §
													131.41 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 Occupational
						  Disease Act (77 P. S. §
														1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › SUPERSEDEAS › Section 131.42 - Evidence relating to supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party has the right to submit, and the
					 judge may consider, one or more of the following solely in relation to a
					 request for supersedeas.
(1) Testimony of a
					 party or witness.
(2) The report of
					 a physician.
(3) The records of a
					 physician, hospital, clinic or similar entity.
(4) The written statements or reports of
					 another person expected to be called by a party at the hearing of the
					 case.
(5) The report of an
					 organization or governmental body or agency stating the right of the claimant
					 to receive, be denied, have increased or decreased benefits, and the amount of
					 the benefits being paid or payable to the claimant.
(6) Other materials relevant to the request
					 for supersedeas.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › SUPERSEDEAS › Section 131.43 - Disposition of request for supersedeas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The judge hearing the request for
					 supersedeas will, within 14 days of the hearing, issue a written decision on
					 the request for supersedeas, if granted. Unless a supersedeas is granted by a
					 written order, it will be deemed denied from the date of filing of the
					 request.
(b) Subsection (a)
					 supersedes 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 §
													131.43 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › SUPERSEDEAS › Section 131.49 - Disposition of automatic request for special supersedeas under section 413(a.1) of the act (77 P. S.Section 774(1))

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The filing of a petition alleging full recovery, accompanied by a physician's
					 affidavit to that effect, which was prepared in connection with an examination
					 of the employee no more than 21 days from the filing of the petition, shall act
					 as an automatic request for supersedeas.
(b) A special supersedeas hearing will be
					 held within 21 days of the assignment of the petition filed under this
					 section.
(c) The judge will approve
					 the request for supersedeas if prima facie evidence of a change in the medical
					 status or of any other fact which would serve to modify or terminate the
					 payment of compensation is submitted at the hearing, unless the employee
					 establishes by a preponderance of the evidence a likelihood of prevailing on
					 the merits of the employee's defense. In making this determination the judge
					 will consider the physician's affidavit alleging full recovery and may consider
					 the following:
(1) The report of the
					 physician.
(2) The testimony of a
					 party or witness.
(3) The records
					 of a physician, hospital or clinic or other similar entity.
(4) The written statements or reports of
					 another person expected to be called by a party at the hearing of the
					 case.
(5) Other evidence relevant
					 to the request for supersedeas.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › SUPERSEDEAS › Section 131.50 - Return to work-modification or suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an employee returns to work, the
					 insurer may modify or suspend the workers' compensation benefits.
(b) The insurer shall complete and file the
					 form prescribed by the Department. The form shall be provided to the employee,
					 employee's counsel, if known, and the Department within 7 days of the effective
					 date of the suspension or modification of the workers' compensation
					 benefits.
(c) When the insurer
					 previously modified or suspended the employee's benefits under sections 413(c)
					 or 413(d) of the act (77 P. S. §§
												774.2 and
					 774.3), to effectuate a
					 subsequent modification or suspension of the employee's workers' compensation
					 benefits, the insurer shall file the form specified in subsection (b),
					 indicating the change in the employee's wages and corresponding change in the
					 employee's workers' compensation benefits.
(d) Subsections (a)-(c) supersede 1 Pa. Code
					 §
											33.33 (relating to effect of
					 service upon an attorney).
The provisions of this §
													131.50 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › SUPERSEDEAS › Section 131.50a - Employee request for special supersedeas hearing under section 413(c) and (d) of the act

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
					 governs the disposition of an employee's request for a special supersedeas
					 hearing made in connection with a challenge to the suspension or modification
					 of workers' compensation benefits under sections 413(c) and 413(d) of the act
					 (77
					 P. S. §
												774.2 and
					 774.3).
(b) A special supersedeas hearing will be
					 held within 21 days of the employee's filing of the notice of
					 challenge.
(c) During the course of
					 a challenge proceeding, the issues are limited to determining whether the
					 claimant has stopped working or is earning the wages stated in the Notice of
					 Suspension or Modification under sections 413(c) or 413(d) of the act and the
					 challenge shall be decided only on those issues.
(d) If the employer has filed a separate
					 petition requesting supersedeas, the judge may receive evidence and issue a
					 separate decision on the request for supersedeas if the judge determines the
					 claimant will not be prejudiced by the introduction of evidence on the
					 supersedeas request at the time of the challenge proceeding.
(e) The judge to whom the notice of challenge
					 has been assigned will issue a written order on the challenge within 14 days of
					 the hearing.
(f) If the judge fails
					 to hold a hearing within 21 days or fails to issue a written order approving
					 the suspension or modification of benefits within 14 days of the hearing, the
					 insurer shall reinstate the employee's workers' compensation benefits at the
					 weekly rate the employee received prior to the insurer's suspension or
					 modification of benefits under sections 413(c) or 413(d) of the act.
(g) Subsections (a)-(f) supersede 1 Pa. Code
					 §§
											35.161,
					 35.162 and
					 35.190 (relating to form and
					 admissibility of evidence; reception and ruling on orders; and appeals to
					 agency head from rulings of presiding officers).
The provisions of this §
													131.50a 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 §
													131.5 (relating to
						  definitions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.51 - Assembly of medical records

Current through Register Vol. 54, No. 28, July 13, 2024
The moving party shall assemble medical records to the
						extent practical prior to the filing of a petition.
The provisions of this §
													131.51 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.52 - First hearing procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 purpose of this chapter is to provide a fair and prompt hearing process, to
					 allow all parties to introduce appropriate evidence and to receive a timely
					 decision from the judge. When practicable and appropriate, the entire record
					 relating to any petition shall be completed at the initial hearing, recognizing
					 that the hearing process may differ based upon several variables including
					 geographic location, number of parties involved, case volume and availability
					 of experts for testimony.
(b) The
					 hearing process chosen in any specific case, including a determination of
					 whether testimony will be accepted at the initial hearing, is within the
					 discretion of the judge. At or before the initial hearing by written order or
					 on the record, the judge shall establish:
(1)
					 Specific deadlines for the presentation of evidence by the parties.
(2) Dates for future hearings.
(3) Specific date and time for the mediation
					 conference unless, for good cause shown, the judge determines at the first
					 hearing or subsequently that mediation would be futile.
(4) Dates for setting any medical
					 examinations to be scheduled consistent with §
												131.53(g)
					 (relating to procedures subsequent to the first hearing).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.53 - Procedures subsequent to the first hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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).
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).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.53a - Consolidated hearing procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 One day trials or other consolidated hearing procedures may be scheduled and
					 conducted pursuant to this chapter to the extent practical. The judge may waive
					 or modify this chapter as may be appropriate and adopt and direct procedures
					 which are fair and just for a determination of the issues consistent with the
					 act.
(b) Subject to §
											131.3(a) 
					 (relating to waiver and modification of rules) in cases proceeding under a
					 consolidated hearing procedure:
(1) Upon
					 request, or on the judge's own motion, testimony from a party or witness may be
					 taken by a trial deposition prior to the obligation of a party to conduct
					 medical depositions, or at another appropriate time to clarify the
					 issues.
(2) Upon request, a party
					 shall have the opportunity to testify before the judge at the pretrial or other
					 hearing prior to the obligation of a party to conduct medical depositions, or
					 at another appropriate time to clarify the issues.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.53b - Bifurcation and motions for disposition of a petition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The judge may, upon request or upon the
					 judge's own motion, consider bifurcation of issues to promote expeditious
					 resolution of cases.
(b) A motion
					 which may result in disposition of a petition may be filed at any time. A
					 response shall be made within a time specified by the judge. The judge will
					 issue an order granting or denying the motion, or will provide reasons why the
					 motion will not be ruled upon, within 30 days of when the response is due. If
					 the motion will not be ruled upon, the judge will articulate in writing or on
					 the record the reasons for not ruling on the motion. Pendency of the motion
					 will not operate as a stay.
(c)
					 Subsections (a) and (b) supersede 1 Pa. Code §§
											35.54,
					 35.55, 35.177-35.180 and
					 35.225.
The provisions of this §
													131.53b issued 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.54 - Manner and conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The judge will conduct fair and impartial hearings and maintain order. At the
					 discretion of the judge, the hearings may be conducted by telephone or other
					 electronic means if the parties do not object. Disregard by participants or
					 counsel of record of the rulings of the judge shall be noted on the record, and
					 if the judge deems it appropriate, will be made the subject of a written report
					 to the Director of Adjudication together with recommendations.
(b) If the participants or counsel are guilty
					 of disrespectful, disorderly or contumacious language or conduct in connection
					 with a hearing, the judge may suspend the hearing or take other action as the
					 judge deems appropriate, including the submission of a written report to the
					 Director of Adjudication together with recommendations.
(c) A witness whose identity has not been
					 revealed as provided in this chapter may not be permitted to testify on behalf
					 of the defaulting party unless the testimony is allowed within the judge's
					 discretion.
(d) In addition to
					 subsections (a)-(c), the judge may proceed under §
											131.13(m)
					 (relating to continuances or postponements of hearings).
(e) Subsections (a)-(d) supersede 1 Pa. Code
					 §§
											31.21-31.23,
					 31.27 and
					 31.28 and also supersede 1 Pa.
					 Code Chapter 35, Subchapter E.
The provisions of this §
													131.54 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.55 - Attorney fees and costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In all
					 cases, claimant's counsel shall submit a copy of the fee agreement, and a copy
					 of any statement or claim for disbursements, costs and expenses. No agreement
					 or claim for fees or other disbursements, costs or expenses by claimant's
					 counsel shall be valid, and no payments shall be made pursuant thereto, unless
					 approved for payment by the judge before whom the matter is heard or by the
					 Board as provided by law. Except as otherwise approved, no further fee, cost or
					 expense is to be charged.
(b) Under
					 section 440 of the act (77 P. S. §
												996), in a disputed claim under the act when
					 the employer or insurer has contested liability in whole or in part, the
					 employee or a dependent, in whose favor the proceeding has been finally
					 decided, will be awarded attorney fees and costs against the employer or
					 insurer, unless the employer or insurer had a reasonable basis for contesting
					 the petition.
(c) Claimant's
					 counsel may file an application for quantum meruit fees at or before the filing
					 of proposed findings of fact, proposed conclusions of law and briefs, and if
					 there are no proposed findings of fact, proposed conclusions of law or briefs
					 requested, at or before the close of the record. The application shall detail
					 the calculation of the fee requested, shall itemize the services rendered and
					 time expended and shall address all factors enumerated in section 440 of the
					 act in support of the application.
(d) Within 15 days after service of the
					 application for quantum meruit fees, an opposing party may file a response to
					 the application detailing the objections to the fee requested.
(e) A decision on the fee award will be made
					 based on the record of the case and, if filed, the application and response. If
					 deemed appropriate by the judge, a hearing may be held and evidence
					 presented.
(f) The application and
					 response will be made exhibits of record and shall be served on unrepresented
					 parties and counsel of record as provided in §
											131.34(a)
					 (relating to other filings).
(g)
					 Subsections (a)-(f) supersede 1 Pa. Code §§
											35.1 and
					 35.2 (relating to applications
					 generally; and contents of applications).
The provisions of this §
													131.55 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.56a - Withdrawal of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 attorney may withdraw his appearance without leave if another attorney has
					 previously entered or is simultaneously entering an appearance on behalf of the
					 party.
(b) Leave to withdraw an
					 appearance shall be sought by written request to the adjudicating judge. An
					 attorney may not withdraw representation until the adjudicating judge grants
					 the request.
(c) In requesting a
					 withdrawal of appearance, the attorney shall:
(1) Verify whether any party has any
					 objection to the withdrawal request.
(2) Serve notice of the request to withdraw
					 on his own client, all unrepresented parties and counsel of record for all
					 represented parties.
(3) File a
					 proof of service as provided in §
												131.11(d)
					 (relating to filing, service and proof of service).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.57 - Compromise and release agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Under section 449 of the act (77 P. S. §
												1000.5), upon or after filing a petition, the
					 parties may engage in a compromise and release of any and all liability which
					 is claimed to exist under the act on account of injury or death, subject to
					 approval by the judge after consideration at a hearing.
(b) Proposed compromise and release
					 agreements, including the stipulations of the parties, shall be recorded on a
					 form prescribed by the Department. The parties may attach additional
					 information to the form if circumstances so require.
(c) If another petition is pending before a
					 judge at the time of the agreement of the parties to compromise and release the
					 claim, any party may, in writing, request the judge to schedule a hearing on
					 the proposed compromise and release agreement. The written request will be
					 treated as an amendment of the pending matter to a petition to seek approval of
					 a compromise and release agreement.
(d) The judge will expedite the convening of
					 a hearing on the compromise and release agreement. The judge will circulate a
					 written decision on the proposed compromise and release agreement within 30
					 days after the hearing. This subsection does not apply if a resolution hearing
					 has been requested in accordance with §
											131.60 (relating to resolution
					 hearings).
(e) Subsections (a)-(d)
					 supercede 1 Pa. Code §§
											33.42,
					 35.40, 35.41, 35.48-35.51,
					 35.101-35.106, 35.111-35.116, 35.121-35.128 and 35.155.
The provisions of this §
													131.57 issued under the 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.58 - Informal conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 402.1 of the act (77 P. S. §
												711.1), the parties upon, or after, filing a
					 petition may agree to participate in an informal conference.
(b) All parties shall agree to participate in
					 the informal conference.
(c) The
					 request for the informal conference shall be recorded on a form prescribed by
					 the Department and filed with the judge to whom the pending petition has been
					 assigned.
(d) If no petition is
					 pending, a petition and corresponding request for the informal conference shall
					 be filed with the Department on a form prescribed by the Department.
(e) The informal conference will be governed
					 by the instructions and procedures specified on the form prescribed by the
					 Department and by section 402.1 of the act.
(f) The request shall be served on all
					 parties and the adjudicating judge.
(g) Subsections (a)-(f) supersede 1 Pa. Code
					 §§
											31.21-31.23 and 35.111-35.116.
The provisions of this §
													131.58 issued under the 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.59 - Mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mediation may
					 be utilized by the parties under this chapter and will not be limited in
					 purpose to achieving a compromise settlement (compromise and release
					 agreement), but may have as a goal the narrowing of issues by means of
					 stipulation for decision by the judge or other amicable resolution.
(b) Subsection (a) supersedes 1 Pa. Code
					 §§
											31.21-31.23, 35.111-35.116, 35.186 and
					 35.188.
The provisions of this §
													131.59 issued 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 VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.59a - Voluntary mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If all
					 parties and the adjudicating judge agree, the adjudicating judge may conduct
					 the voluntary mediation and may subsequently participate in a decision on the
					 merits of the petition or petitions if they are not resolved
					 amicably.
(b) Voluntary mediation
					 activities conducted by judges are confidential.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §§
											31.21-31.23, 35.111-35.116 and
					 35.188.
The provisions of this §
													131.59a issued 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 §
													131.5 (relating to
						  definitions).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.59b - Mandatory mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 mandatory mediation will not be assigned to an adjudicating judge. Petitions
					 not resolved by mediation will proceed before the adjudicating judge as if
					 mediation had not occurred. The mediating judge will not participate in any
					 decision on the merits of the petition or petitions. This subsection cannot be
					 waived or modified, as otherwise provided in §
											131.3 (relating to waiver and
					 modification of rules).
(b)
					 Mandatory mediation activities conducted by mediating judges are confidential
					 except that communications, conduct or documents are not confidential if
					 relevant to establish that a party or counsel failed to do one of the
					 following:
(1) Appear for a mediation without
					 prior approval of the mediating judge.
(2) Attend a mediation in person or by
					 teleconference, as required by the mediating judge.
(3) Have requisite authority to accept,
					 modify or reject settlement proposals offered at the mediation, whether at the
					 mediation, or within a reasonable period of time after the mediation as
					 established by the mediating judge.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › HEARING PROCEDURE › Section 131.60 - Resolution hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 resolution hearing must be requested in writing.
(b) Counsel for either party, or any
					 unrepresented party, may request a resolution hearing at any time after all
					 parties are prepared to proceed within the time limits prescribed by the act
					 and this rule for resolution hearings.
(c) If a petition is pending before a judge,
					 the request for a resolution hearing must be directed to the assigned
					 judge.
(d) If a petition is not
					 pending before a judge, the request for a resolution hearing must be directed
					 to the Judge Manager for the judge's office serving the county of the
					 claimant's residence. If the claimant resides outside of this Commonwealth, the
					 request must be directed to the Judge Manager for the judge's office most
					 proximate to the claimant's residence. The Judge Manager will assign a judge to
					 conduct the resolution hearing.
(e)
					 The assigned judge's office will schedule the resolution hearing within 14
					 business days of receiving the request for a resolution hearing.
(f) The Judge Manager may reassign any case
					 from one judge to another to ensure compliance with the resolution hearing
					 requirements of sections 401 and 401.1 of the act (77 P. S. §§
												701 and
					 710). The Judge Manager will
					 notify both judges of the reassignment.
(g) The judge conducting the resolution
					 hearing will require proof that a petition has been filed with the Department
					 under §
											131.11 (relating to filing,
					 service and proof of service), and will make the proof a part of the record.
					 Upon receiving the proof, the judge shall proceed with the hearing and
					 circulate a final decision within 5 business days of the hearing.
(h) The assigned judge need not comply with
					 the procedures in this rule if any party is unable to proceed within the time
					 limits established by the act for resolution hearings.
(i) Subsections (a)-(h) supersede 1 Pa. Code
					 §§
											31.21-31.23, 35.48-35.51, 35.111-35.116,
					 35.185, 35.201-35.207 and 35.226.
The provisions of this §
													131.60 issued 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 §
													131.57 (relating to compromise and
						  release agreements).