§ 131.112. Correction or amendment of decision.

 (a)  A decision or an order of a judge may be amended or corrected by the judge subsequent to the service of notice of the decision and order. A typographical or clerical error or obvious omission or error on the part of the judge may be corrected on the judge’s motion or on the motion of one or both parties. Other amendments or corrections will be made only upon written agreement of the parties. A request for correction or amendment shall be made within 20 days of the date of service of notice of the decision and order.

 (b)  The corrected decision and order will specifically set forth the items in the prior decision and order which are being corrected and amended, and will contain the following provision: ‘‘In all other respects the prior decision and order in the case are hereby reaffirmed.’’

 (c)  Neither the request for correction nor the corrected decision and order will extend the appeal period of the original decision and order as to any part of that decision and order which is not the subject of the request for correction or amendment.

 (d)  Subsections (a)—(c) supersede 1 Pa. Code § §  31.13, 31.14, 35.54, 35.55, 35.190 and 35.211—35.214 and also supersede 1 Pa. Code Chapter 35, Subchapter D.

Authority

   The provisions of this §  131.112 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 Pennsylvania Occupational Disease Act (77 P.S. §  1514).

Source

   The provisions of this §  131.112 adopted 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 (286285) to (286286).

Notes of Decisions

   Bench Order Not a Decision

   Because a bench order is not a ‘‘decision’’ as required by §  131.112, that section is not applicable. Strawbridge & Clothier v. Workers’ Compensation Appeal Board, 777 A.2d 1194 (Pa. Cmwlth. 2001).

   Sample Note—Scope

   It would be utterly impracticable to deny a Workers’ Compensation Judge the authority to vacate his decision without the written agreement of the parties if he realizes that a decision has been issued erroneously. Edward Floria v. Workers’ Compensation Appeal Board (General Electric), 11 PAWCLR (LRP) 2102.

   Referee’s changing of word ‘‘asbestosis’’ to ‘‘asbestos dust exposure,’’ in view of fact that all factual findings related to asbestos dust exposure and that asbestosis was never an issue in the case, was merely a correction of an obvious typographical, clerical or mechanical error which did not require the written agreement of the interested parties. Bethlehem Mines Corp. v. Workmen’s Compensation Appeal Board, 510 A.2d 916 (Pa. Cmwlth. 1986). (Editor’s Note: The court cited to former §  131.67 which dealt with correction or amendment of decisions.)

   Referee’s amended decision awarding claimant partial disability compensation is void since written agreement of both parties was not obtained prior to the amendment. Butcher v. Workmen’s Compensation Appeal Board, 517 A.2d 1023 (Pa. Cmwlth. 1986). (Editor’s Note: The court cited to former §  131.67 which dealt with correction or amendment of decisions.)

Cross References

   This section cited in 34 Pa. Code §  131.111 (relating to decision of judges).



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