1 Pa. Code § 35.161. Form and admissibility of evidence.

EVIDENCE

§ 35.161. Form and admissibility of evidence.

In a proceeding before the agency head or a presiding officer, relevant and material evidence shall be admissible, but there shall be excluded evidence that is repetitious or cumulative, or evidence that is not of the kind which would affect reasonable and fair-minded men in the conduct of their daily affairs.

Notes of Decisions

   The referee has discretion to limit repetitive testimony and did not err in denying claimant the opportunity to further testify concerning why he had retired when he already testified that he retired because he was 64. Vitelli v. Workmen’s Compensation Appeal Board (St. Johnsburg Trucking Co.), 630 A.2d 923 (Pa. Cmwlth. 1993); appeal denied 641 A.2d 591 (PA. 1994); appeal denied 641 A.2d 591 (Pa. 1994).
   Workmen’s Compensation referee prematurely excluded surveillance films without viewing them even though the referee had before him still photographs printed from the surveillance film, testimony of the private investigator regarding his observations while filming, and the testimony of employer’s witnesses who had observed the films. Westinghouse Electric Co. v. Workmen’s Compensation Appeal Board (Pollock), 507 A.2d 1287 (Pa. Cmwlth. 1986).

Cross References

   This section cited in 4 Pa. Code §  89.29 (relating to evidence); 4 Pa. Code §  265.3 (relating to level II hearings); 7 Pa. Code §  131.33 (relating to evidence); 7 Pa. Code §  179.61 (relating to hearing procedure); 10 Pa. Code §  3.11 (relating to hearing rules); 12 Pa. Code §  81.209 (relating to rules of evidence not to apply); 22 Pa. Code §  201.9 (relating to introduction of documents for the system’s records); 34 Pa. Code §  131.33 (relating to answers except answers to petitions for joinder and challenge proceedings); 34 Pa. Code §  131.42 (relating to evidence relating to supersedeas); 34 Pa. Code §  131.49 (relating to disposition of automatic request for special supersedeas under section 413(a.1) of the act (77 P. S. §  774(1)); 34 Pa. Code §  131.50a (relating to employee request for special supersedeas hearing under section 413(c) and (d) of the act); 34 Pa. Code §  131.53 (relating to procedures subsequent to the first hearing); 34 Pa. Code §  131.53a (relating to consolidated hearing procedure); 34 Pa. Code §  131.61 (relating to exchange of information); 34 Pa. Code §  131.63 (relating to time for taking oral depositions); 34 Pa. Code §  131.66 (relating to admissibility of oral depositions); 34 Pa. Code §  131.203 (relating to hearing procedures); 34 Pa. Code §  131.204 (relating to UEGF subpoenas and interrogatories); 37 Pa. Code §  21.55 (relating to evidence); 37 Pa. Code §  171.97 (relating to applicability of laws and rules); 37 Pa. Code §  197.44 (relating to limitation of issues and evidence); 40 Pa. Code §  15.51 (relating to evidence); 51 Pa. Code §  21.25 (relating to conduct of the hearing); 52 Pa. Code §  5.401 (relating to admissibility of evidence); 52 Pa. Code §  1005.141 (relating to admissibility of evidence); 58 Pa. Code §  145.11 (relating to order of formal hearing); and 61 Pa. Code §  702.6 (relating to formal rules of evidence).

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