Subchapter A. GENERAL PROVISIONS

§ 131.1. Purpose.

 (a)  The purpose of this chapter is to promote, consistent with fairness and due process, the orderly and expeditious determination of proceedings before judges under the act and the Disease Law to implement the remedial intent of the act and the Disease Law.

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.2 (relating to liberal construction).

   The provisions of this §  131.1 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 Occupational Disease Act (77 P. S. §  1514).

 (a)  This chapter applies to proceedings before judges 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 §  131.2 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 Occupational Disease Act (77 P. S. §  1514).

 (a)  The judge may, for good cause, waive or modify a provision of this chapter upon motion of a party, agreement of all parties or upon the judge’s own motion.

 (b)  Subsection (a) supersedes 1 Pa. Code § §  33.61, 35.18, 35.54 and 35.55 and also supersedes 1 Pa. Code Chapter 35, Subchapter D.

   The provisions of this §  131.3 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 §  131.3 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 (207536).

   Waiver Appropriate

   Employer does not argue how the late submission of the medical bills violated its due process rights or the notion of fair play. Employer’s argument addresses only that such submission was a clear violation of the Special Rules of Administrative Practice and Procedure Before Referees. A review of the introduced bills, which the referee permitted to be submitted into evidence reveals that they are, indeed, causally connected to the work injury and are reasonable and necessary. Since the referee has the discretion to waive the requirements of the special rules and employer has not shown any prejudice as a result, the referee did not err in permitting the introduction into evidence of those bills which were causally related to claimant’s work injury and were reasonable and necessary. Nevin Trucking v. Workmen’s Comp. Appeal Bd., 667 A.2d 262 (Pa. Cmwlth. 1995).

   Waiver of Rules

   Because parties act in reliance of various time limitations in the rules, it was error to retroactively modify the time requests of §  131.65 (relating to objections to taking of oral depositions) without agreement of all parties. Plaugher v. Workers’ Compensation Appeal Board, 814 A.2d 1278 (Pa. Cmwlth. 2003).

   Although §  134.3 permits a workers’ compensation judge to waive or modify rules, the court looks with disfavor on oral amendment at the hearing to introduce new issues in special supersedeas cases. Hinkle v. Workers’ Compensation Appeal Board, 808 A.2d 1036 (Pa. Cmwlth. 2002), appeal denied 827 A.2d 1203 (Pa. 2003).

 (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 judges.

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.4 (relating to information and special instructions).

   The provisions of this §  131.4 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 §  131.4 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 (207536) and (289731) to (289732).

   ‘‘Of Record’’

 (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).