§ 131.49. Disposition of automatic request for special supersedeas under section 413(a.1) of the act (77 P. S. §  774(1)).

 (a)  The filing of a petition alleging full recovery, accompanied by a physician’s affidavit to that effect, which was prepared in connection with an examination of the employee no more than 21 days from the filing of the petition, shall act as an automatic request for supersedeas.

 (b)  A special supersedeas hearing will be held within 21 days of the assignment of the petition filed under this section.

 (c)  The judge will approve the request for supersedeas if prima facie evidence of a change in the medical status or of any other fact which would serve to modify or terminate the payment of compensation is submitted at the hearing, unless the employee establishes by a preponderance of the evidence a likelihood of prevailing on the merits of the employee’s defense. In making this determination the judge will consider the physician’s affidavit alleging full recovery and may consider the following:

   (1)  The report of the physician.

   (2)  The testimony of a party or witness.

   (3)  The records of a physician, hospital or clinic or other 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)  Other evidence relevant to the request for supersedeas.

 (d)  If the judge to whom the special supersedeas request has been assigned fails to hold a hearing within 21 days of assignment of the request to the judge or fails to issue a written order within 7 days of the hearing of the supersedeas request, the automatic request for supersedeas will be deemed denied. The automatic request for supersedeas will remain denied until the judge issues a written order granting the supersedeas, in whole or in part.

 (e)  Subsections (a)—(d) supersede 1 Pa. Code § §  35.137, 35.138, 35.161, 35.162, 35.166, 35.190 and 35.225.

Authority

   The provisions of this §  131.49 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 §  131.49 adopted January 16, 1998, effective January 17, 1998, 28 Pa.B. 329; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043. Immediately preceding text appears at serial page (239523) to (239524).



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