Subchapter B. TIME


Sec.


131.11.    Filing, service and proof of service.
131.12.    Modification of time.
131.13.    Continuances or postponements of hearings.
131.14.    [Reserved].
131.15.    Computation of time.

§ 131.11. Filing, service and proof of service.

 (a)  Whenever filing is required by this chapter, it is deemed complete upon one of the following:

   (1)  Delivery in person.

   (2)  If by electronic submission, upon receipt at the electronic address and in a format as prescribed by the Department and published in the Pennsylvania Bulletin or the Department’s web site located at www.dli.state.pa.us.

   (3)  If by mail, upon deposit in the United States mail, properly addressed, postage or charges prepaid, as evidenced by one of the following:

     (i)   United States Postal Service postmark.

     (ii)   United States Postal Service Certificate of Mailing (USPS Form 3817 or other similar United States Postal Service form from which the date of deposit can be verified), enclosed with the filing or submitted separately to the Department.

   (4)  A filing may be delivered by a common carrier of property which is subject to the authority of the Pennsylvania Public Utility Commission or the United States National Surface Transportation Board. The date of filing is the date the document was delivered to the common carrier, as established by a document or other record prepared by the common carrier in the normal course of business. If the date of delivery to the common carrier cannot be determined by the documents in the record, the date of filing will be the date of its receipt by the Department.

 (b)  Whenever service is required by this chapter, it is deemed complete upon one of the following:

   (1)  Delivery in person.

   (2)  If by electronic submission, upon receipt and in a format as prescribed by the Department and published in the Pennsylvania Bulletin or the Department’s web site located at www.dli.state.pa.us.

   (3)  Except as provided in §  131.81(b) (relating to subpoenas), if by mail, upon deposit in the United States Mail properly addressed, postage or charges prepaid and accompanied by proof of service.

 (c)  Any notice or other written communication required to be served upon or furnished to a party shall also be served upon or furnished to the party’s attorney in the same manner as it is served upon the party.

 (d)  Whenever a proof of service is required by this chapter, the proof of service must contain the following:

   (1)  A statement of the date of service.

   (2)  The names of the judge and others served.

   (3)  The mailing address, the applicable zip code and the manner of service on the judge and others served, and, if applicable, the electronic address to which service was made.

 (e)  Unless otherwise specifically provided in this chapter, whenever the filing or service is required to be made upon the Department, it shall be made to an address as may be published in the Pennsylvania Bulletin and on the Department’s web site located at www.dli.state.pa.us. Electronic filing and service on the Department shall be at the electronic address and in a format as prescribed by the Department and published in the Pennsylvania Bulletin and on the Department’s web site located at www.dli.state.pa.us.

 (f)  Subsections (a)—(e) supersede 1 Pa. Code § §  31.5, 31.11, 31.13, 31.14, 31.26, 33.32 and 33.34—33.36.

Authority

   The provisions of this §  131.11 amended 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 §  131.11 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; amended 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 (345976) to (345977).

Cross References

   This section cited in 34 Pa. Code §  131.56a (relating to withdrawal of appearance); 34 Pa. Code §  131.60 (relating to resolution hearings); 34 Pa. Code §  131.81 (relating to subpoenas).

§ 131.12. Modification of time.

 (a)  Except for answers to petitions as set forth in §  131.33 (relating to answers except answers to petitions for joinder and challenge proceedings), the time fixed or the period of time prescribed in this chapter may, in the exercise of sound discretion and for good cause, be shortened or extended by the judge upon the judge’s motion or at the request of a party.

 (b)  Modifications of time, other than continuances or postponements of hearings, will be governed by the following:

   (1)  Requests for extensions of time shall be filed at least 3 days before the time specified or as shortened or extended. Requests made within 3 days prior to the time specified or as shortened or extended may be considered if the judge is satisfied that the circumstances relating to the request occurred within those 3 days. After the expiration of the time specified, the act may be permitted to be done if reasonable grounds are shown for the failure to act within the time specified or as previously shortened or extended.

   (2)  Requests for extensions of time shall be made in writing and state the facts upon which the request rests. During the course of a hearing, the request may be made by oral motion to the judge.

   (3)  Requests for extensions of time, except those made orally at a hearing, shall be filed with the judge, served upon all parties, and a proof of service of same shall be filed with the judge.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code § §  31.6, 31.11, 31.15 and 35.18.

Authority

   The provisions of this §  131.12 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 §  131.12 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 (220170) and (220587).

Cross References

   This section cited in 34 Pa. Code §  131.61 (relating to exchange of information).

§ 131.13. Continuances or postponements of hearings.

 (a)  It is the intent of this chapter to discourage repeated continuances or postponements of hearings.

 (b)  Parties shall make every effort to avoid continuances or postponements by the prompt scheduling and submission of expert and medical testimony and by the prompt presentation of lay testimony.

 (c)  A continuance or postponement may be granted as set forth in this chapter for good cause shown at the discretion of the judge, if the continuance or postponement is consistent with this chapter and its purpose of providing an orderly and expeditious determination of proceedings before judges.

 (d)  Requests for a continuance or postponement must be:

   (1)  Made in writing or at a hearing. If not made in writing or at a hearing, confirmed in writing as required by this subsection and served as required by subsection (h).

   (2)  Made not later than 10 calendar days prior to the hearing date, except as set forth in subsection (f).

 (e)  Prior to the request for a continuance or a postponement, the party requesting the continuance or postponement shall ascertain the position of all counsel of record and unrepresented parties in the case relating to the continuance or postponement and shall advise the judge of the foregoing at the time of the request.

 (f)  A request for a continuance or postponement made within 10 calendar days prior to the hearing date will not be considered unless the judge is satisfied that circumstances relating to the requested continuance or postponement occurred within 10 calendar days of the hearing date.

 (g)  Requests for a continuance or postponement or written confirmation of the continuance or postponement must contain at least the following information:

   (1)  The identity of the requesting party.

   (2)  A detailed statement of the position of all counsel of record and unrepresented parties on the request for a continuance or postponement or an explanation of why counsel of record or unrepresented parties could not be contacted.

   (3)  A detailed statement of the reasons why the continuance or postponement is requested and the date on which the need to request a continuance or postponement arose.

   (4)  A summary of prior continuances or postponements in the case, at whose request the continuances or postponements were granted and the position of other parties in each continuance or postponement.

 (h)  A party requesting or confirming in writing a request for a continuance or a postponement other than a request made at a hearing shall serve a copy of the request or the confirmation upon all counsel of record, unrepresented parties and the judge. Counsel requesting or confirming in writing a request for a continuance or a postponement shall serve a copy of the request or confirmation on counsel’s client.

 (i)  Anyone requesting a continuance or postponement shall concurrently with the service of the request or the confirmation file a proof of service with the judge.

 (j)  In ruling on requests for a continuance or postponement, the judge may consider one or more of the following, giving consideration to subsection (a):

   (1)  The positions of the various parties relating to the request for a continuance or postponement.

   (2)  The number of prior continuances or postponements or denials of continuances or postponements and at whose request they were granted or denied.

   (3)  Whether the requested continuance or postponement will work an undue hardship on a party.

   (4)  The unavailability of the parties, witnesses or counsel.

   (5)  The illness or death of the parties or counsel or members of their immediate families.

   (6)  The desirability of unrepresented parties obtaining counsel.

   (7)  The necessity to replace the services of an expert witness who becomes unavailable.

   (8)  Another reason deemed by the judge to be for good cause shown and consistent with this chapter and the purposes of the act and the Disease Law.

 (k)  A scheduling conflict in another tribunal may be considered but may or may not be determinative.

 (l)  If a continuance or a postponement is granted, the judge may impose conditions and direct action by the parties which the judge deems reasonable under the circumstances.

 (m)  In addition to the conditions and actions referred to in subsection (l), the judge may:

   (1)  Determine why the proceeding should not be dismissed for lack of prosecution or grant the relief sought without the receipt of further evidence or testimony upon the making of appropriate findings of fact.

   (2)  Schedule a hearing to determine whether to impose penalties under section 435(d) of the act (77 P. S. §  991(d)) and issue an appropriate written order.

   (3)  Issue a written order modifying in whole or in part a supersedeas order or denial previously entered or modifying an order previously entered upon a showing of compliance with the directions of the judge.

   (4)  Issue a written order at the end of the case, in the case of a claim petition, with appropriate findings of fact, directing that interest be disallowed. The judge may limit the disallowance of interest to a specified period on good cause shown.

   (5)  Issue a written order with appropriate findings of fact closing the record and deciding a case if a party has unreasonably delayed the proceeding.

 (n)  Subsections (a)—(m) supersede 1 Pa. Code § §  31.15, 33.33 and 35.102 (relating to extensions of time; effect of service upon an attorney; and hearing calendar).

Authority

   The provisions of this §  131.13 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 §  131.13 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; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038. Immediately preceding text appears at serial pages (294671) to (294673).

Cross References

   This section cited in 34 Pa. Code §  131.54 (relating to manner and conduct of hearings); 34 Pa. Code §  131.59b (relating to mandatory mediation); 34 Pa. Code §  131.61 (relating to exchange of information); 34 Pa. Code §  131.68 (relating to discovery of records); and 34 Pa. Code §  131.70 (relating to discovery of statements of parties or witnesses).

§ 131.14. [Reserved].


Source

   The provisions of this §  131.14 adopted November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; reserved March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401. Immediately preceding text appears at serial page (65670).

§ 131.15. Computation of time.

 (a)  Except as otherwise provided by law, in computing a period of time prescribed or allowed by this chapter, the day of the act, event or default after which the designated period of times begins to run may not be included. The last day of the period so computed shall be included, unless it is Saturday, Sunday or a legal holiday in this Commonwealth, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. A part-day holiday shall be considered as other days and not as a legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation.

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.12 (relating to computation of time).

Authority

   The provisions of this §  131.15 issued 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 §  131.15 adopted December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043.



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