PLEADINGS


§ 131.31. Form of pleadings.

 (a)  All proceedings, except challenges under sections 413(c) and 413(d) of the act (77 P. S. § §  774.2 and 774.3), shall be initiated by petition.

 (b)  Subsection (a) supersedes 1 Pa. Code § §  33.1—33.4, 33.11, 33.12 and 35.17.

Authority

   The provisions of this §  131.31 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).

Source

   The provisions of this §  131.31 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 (246923) to (246924).

Notes of Decisions

   Service of Process

   Since neither the employer nor its insurance carrier was ever properly served by the workers compensation claimant, there was understandably a delay in filing the employer’s answer to the petition and the employer most certainly had an adequate excuse for the late filing of its answer under 77 P. S. §  821. Abex Corp. v. Workmen’s Compensation Appeal Bd., 665 A.2d 845 (Pa. Cmwlth. 1995); appeal denied 681 A.2d 1343 (Pa. 1996).



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