§ 131.50a. Employee request for special supersedeas hearing under section 413(c) and (d) of the act.

 (a)  This section governs the disposition of an employee’s request for a special supersedeas hearing made in connection with a challenge to the suspension or modification of workers’ compensation benefits under sections 413(c) and 413(d) of the act (77 P. S. §  774.2 and 774.3).

 (b)  A special supersedeas hearing will be held within 21 days of the employee’s filing of the notice of challenge.

 (c)  During the course of a challenge proceeding, the issues are limited to determining whether the claimant has stopped working or is earning the wages stated in the Notice of Suspension or Modification under sections 413(c) or 413(d) of the act and the challenge shall be decided only on those issues.

 (d)  If the employer has filed a separate petition requesting supersedeas, the judge may receive evidence and issue a separate decision on the request for supersedeas if the judge determines the claimant will not be prejudiced by the introduction of evidence on the supersedeas request at the time of the challenge proceeding.

 (e)  The judge to whom the notice of challenge has been assigned will issue a written order on the challenge within 14 days of the hearing.

 (f)  If the judge fails to hold a hearing within 21 days or fails to issue a written order approving the suspension or modification of benefits within 14 days of the hearing, the insurer shall reinstate the employee’s workers’ compensation benefits at the weekly rate the employee received prior to the insurer’s suspension or modification of benefits under sections 413(c) or 413(d) of the act.

 (g)  Subsections (a)—(f) supersede 1 Pa. Code § §  35.161, 35.162 and 35.190 (relating to form and admissibility of evidence; reception and ruling on orders; and appeals to agency head from rulings of presiding officers).

Authority

   The provisions of this §  131.50a 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 §  131.50a adopted January 16, 1998, effective January 17, 1998, 28 Pa.B. 329; 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 (309159) to (309160).

Cross References

   This section cited in 34 Pa. Code §  131.5 (relating to definitions).



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