§ 131.5. Definitions.

 (a)  The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Pennsylvania Workers’ Compensation Act (77 P. S. § §  1—1041.4 and 2501—2506).

   Additional defendant—An insurance carrier, the Commonwealth or an employer, other than the insurance carrier or employer against which the original petition was filed, joined under this chapter.

   Bureau—The Bureau of Workers’ Compensation of the Department.

   Bureau record—Official copies of documents received by the Bureau, on forms prescribed by the Bureau, if forms prescribed by the Bureau are available, or official copies of documents received by the Bureau on forms prepared by a party if no forms prescribed by the Bureau are available, which record transactions between the parties and which are determined by the judge to pertain to the case.

   Challenge proceeding—A proceeding governed by §  131.50a (relating to employee request for special supersedeas hearing under section 413(c) and (d) of the act).

   Claimant—An individual who files a petition for, or otherwise receives, benefits under the act or the Disease Law.

   Defendant—An employer, insurance carrier and the Commonwealth, unless specifically designated individually.

   Department—The Department of Labor and Industry of the Commonwealth.

   Disease Law—The Pennsylvania Occupational Disease Act (77 P. S. § §  1201—1603).

   Insurer—A workers’ compensation insurance carrier or self-insured employer, as applicable.

   Judge—A workers’ compensation judge assigned by the Bureau as provided in section 401 of the act (77 P. S. §  701) or assigned by the Bureau to determine a petition filed under the Disease Law.

   Party—A claimant, defendant, employer, insurance carrier, additional defendant and, if relevant, the Commonwealth. An act required or authorized by this chapter, to be done by or to a party, may be done by or to that party’s counsel of record.

   Penalty proceeding—A proceeding governed by section 435(d) of the act (77 P. S. §  991(d)).

   Records of work environment—Records and documents relating to work place health, safety, hazards and exposure, including records or documents which may be obtained under the Worker and Community Right-to-Know Act (35 P. S. § §  7301—7320) and 29 CFR 1901.1—1928.1027 (relating to Occupational Safety and Health Administration, Department of Labor).

   Statement previously made—A written statement signed or otherwise adopted or approved by the persons making it, or a stenographic, mechanical, electrical, computer-generated or other recording, or transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. The term does not include statements made by parties which are protected by the attorney-client privilege or which are protected as the work product of counsel.

   Supersedeas—A temporary stay affecting a workers’ compensation case.

 (b)  Subsection (a) supersedes 1 Pa. Code § §  31.3 and 33.33 (relating to definitions; effect of service upon an attorney).

   The provisions of this §  131.5 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 §  131.5 adopted November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended 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 (289732) and (220169).

   Application

   This regulation is substantive and will not be applied retroactively. Borman v. Workmen’s Compensation Appeal Board, 643 A.2d 780 (Pa. Cmwlth. 1994); appeal denied. Bechtel Constr. Co. v. Borman, 663 A.2d (Pa. 1995).

   Joinder

   A referee does not have jurisdiction to join an insurance agency in a workers’ compensation case. Additional defendants, joined by a referee, must be insurance carriers. Antimary v. Workmen’s Compensation Appeal Board, 655 A.2d 659 (Pa. Cmwlth. 1995).

   The referee did not commit error or an abuse of discretion in granting four continuances to an employer who encountered delay in submitting medical reports to its expert witness. Further, the petitioner failed to demonstrate that she had been prejudiced by the grant of the continuances. Kraushaar v. Workmen’s Compensation Appeal Board, 596 A.2d 1233 (Pa. Cmwlth. 1991); appeal denied 626 A.2d 1160 (Pa. 1992).