§ 131.60. Resolution hearings.

 (a)  A resolution hearing must be requested in writing.

 (b)  Counsel for either party, or any unrepresented party, may request a resolution hearing at any time after all parties are prepared to proceed within the time limits prescribed by the act and this rule for resolution hearings.

 (c)  If a petition is pending before a judge, the request for a resolution hearing must be directed to the assigned judge.

 (d)  If a petition is not pending before a judge, the request for a resolution hearing must be directed to the Judge Manager for the judge’s office serving the county of the claimant’s residence. If the claimant resides outside of this Commonwealth, the request must be directed to the Judge Manager for the judge’s office most proximate to the claimant’s residence. The Judge Manager will assign a judge to conduct the resolution hearing.

 (e)  The assigned judge’s office will schedule the resolution hearing within 14 business days of receiving the request for a resolution hearing.

 (f)  The Judge Manager may reassign any case from one judge to another to ensure compliance with the resolution hearing requirements of sections 401 and 401.1 of the act (77 P. S. § §  701 and 710). The Judge Manager will notify both judges of the reassignment.

 (g)  The judge conducting the resolution hearing will require proof that a petition has been filed with the Department under §  131.11 (relating to filing, service and proof of service), and will make the proof a part of the record. Upon receiving the proof, the judge shall proceed with the hearing and circulate a final decision within 5 business days of the hearing.

 (h)  The assigned judge need not comply with the procedures in this rule if any party is unable to proceed within the time limits established by the act for resolution hearings.

 (i)  Subsections (a)—(h) supersede 1 Pa. Code § §  31.21—31.23, 35.48—35.51, 35.111—35.116, 35.185, 35.201—35.207 and 35.226.

Authority

   The provisions of this §  131.60 issued under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P. S. § §  710, 991(a) and (c) and 2708); 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 §  131.60 adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (346004) to (346005).

Cross References

   This section cited in 34 Pa. Code §  131.57 (relating to compromise and release agreements).



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