§ 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.
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).
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
A workers compensation judge has discretion to grant a supersedeas based on the evidence presented. A Claimants failure to present additional evidence in the form of oral testimony or other written reports did not render a hearing constitutionally infirm. Jenkins v. Workmens Compensation Appeal Board, 677 A.2d 1288 (Pa. Cmwlth. 1996); appeal denied 725 A.2d 184 (Pa. 1998).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.