§ 131.33. Answers except answers to petitions for joinder and challenge proceedings.

 (a)  Answers to all petitions except petitions for joinder and challenge proceedings shall be filed in accordance with section 416 of the act (77 P. S. §  821) within 20 days after the date of assignment by the Bureau to the judge.

 (b)  If the answer is filed on a Bureau answer form, an original and the number of copies specified on the answer form shall be filed with the judge to whom the petition has been assigned. If there is no applicable Bureau answer form available, an original of the answer shall be filed with the judge to whom the petition has been assigned.

 (c)  Concurrently with filing the answer with the judge, 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.

   The provisions of this §  131.33 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).

   The provisions of this §  131.33 adopted November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; reserved March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043. Immediately preceding text appears at serial pages (246924) and (289733).

   Late Answer

   A failure by an employer to file its answer within 15 days after a copy of the claim petition has been served will result in the employer admitting all of the allegations in the petition and preclude the employer from disputing those facts at the hearing. Straub v. Workmen’s Compensation Appeal Board, 538 A.2d 965 (Pa. Cmwlth. 1988); affirmed 598 A.2d 27 (Pa. 1991). (Editor’s Note: The court cited to former §  131.22 which dealt with filing answers.)

   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).