§ 131.91. Stipulations of fact.

 (a)  Stipulations of fact may be filed with the judge to whom the case has been assigned.

 (b)  The judge may issue a decision based on stipulations of fact, if the judge is satisfied that:

   (1)  The stipulations of fact are fair and equitable to the parties involved.

   (2)  The claimant understands the stipulations of fact and the effect of the stipulations of fact on future payments of compensation and medical expenses.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  35.155 (relating to presentation and effect of stipulations).

   The provisions of this §  131.91 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 §  131.91 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 page (222330).

   If a stipulation is part of an illegal settlement or is no more than an agreement approved by the referee, his decision thereon cannot be accorded res judicata. Spears v. Workmen’s Compensation Appeal Board, 481 A.2d 1244 (Pa. Cmwlth. 1984). (Editor’s Note: The court cited to former §  131.56 which dealt with stipulations of fact.)