§ 131.42. Evidence relating to supersedeas.

 (a)  A party has the right to submit, and the judge may consider, one or more of the following solely in relation to a request for supersedeas.

   (1)  Testimony of a party or witness.

   (2)  The report of a physician.

   (3)  The records of a physician, hospital, clinic or similar entity.

   (4)  The written statements or reports of another person expected to be called by a party at the hearing of the case.

   (5)  The report of an organization or governmental body or agency stating the right of the claimant to receive, be denied, have increased or decreased benefits, and the amount of the benefits being paid or payable to the claimant.

   (6)  Other materials relevant to the request for supersedeas.

 (b)  Subsection (a) supersedes 1 Pa. Code § §  35.137, 35.138, 35.161, 35.162 and 35.166.

Authority

   The provisions of this §  131.42 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 §  131.42 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 (222315) to (222316).

Notes of Decisions

   Insufficient Evidence

   A worker’s compensation judge has discretion to grant a supersedeas based on the evidence presented. A Claimant’s failure to present additional evidence in the form of oral testimony or other written reports did not render a hearing constitutionally infirm. Jenkins v. Workmen’s Compensation Appeal Board, 677 A.2d 1288 (Pa. Cmwlth. 1996); appeal denied 725 A.2d 184 (Pa. 1998).



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