§ 131.22. Transfer of cases or petitions on agreement of all parties.

 (a)  If the transfer of the case is agreed to by the Office of Adjudication, the parties and the judge, the Office of Adjudication will promptly reassign the case or petition. Notice of reassignment will be given to all parties.

 (b)  Transfer or reassignment under subsection (a) will take place prior to the date of the first hearing unless circumstances dictate otherwise.

Authority

   The provisions of this §  131.22 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 §  131.22 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; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038. Immediately preceding text appears at serial page (337235).

Notes of Decisions

   Notice of Reassignment

   Although the Bureau of Workers’ Compensation is authorized to substitute one referee for another in a workers’ compensation proceeding pursuant to 77 P. S. §  851, under the Bureau’s own regulations, it must provide notice and opportunity for the parties to object before a reassignment can occur. Because the Bureau failed to follow its rules and procedures the claimant was precluded from raising objections to the substitutions in accordance with the law; thus, the Workmen’s Compensation Appeal Board’s order must be reversed. Izzi v. Workmen’s Compensation Appeal Bd., 654 A.2d 176 (Pa. Cmwlth. 1995); affirmed 747 A.2d 1289 (Pa. 2000).



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