Subchapter D. PROCEEDINGS
INVOLVING THE UEGF


Sec.


131.201.    Petitions.
131.202.    First hearing information and stay.
131.203.    Hearing procedures.
131.204.    UEGF subpoenas and interrogatories.

Authority

   This Subcapter D adopted 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), unless otherwise noted.

Source

   This Subchapter D adopted December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837, unless otherwise noted.

§ 131.201. Petitions.

 (a)  All references to petitions in this subchapter are as defined under §  131.5 (relating to definitions).

 (b)  Subsection (a) supersedes 1 Pa. Code §  31.3 (relating to definitions).

§ 131.202. First hearing information and stay.

 (a)  At the first hearing on a claim petition where no UEGF claim petition has been filed and there is either no insurer listed on the notice of assignment or the listed insurer files a motion to dismiss for lack of coverage, the judge will inform the claimant on the record of the existence of the UEGF and give the claimant information about the UEGF, as provided by the Office of Adjudication.

 (b)  If the claimant informs the judge on the record that he may wish to file a UEGF claim petition, the judge will stay the proceeding in the claim petition until 20 days after the assignment of the UEGF claim petition. The stay may not apply to the exchange of information referenced in §  131.61 (relating to exchange of information).

 (c)  If no UEGF claim petition is filed within 45 days of the first hearing, the claim petition will proceed against the uninsured employer.

 (d)  If the claimant informs the judge on the record that he does not wish to file a UEGF claim petition, testimony may be taken as directed by the judge.

 (e)  In the interests of judicial economy and due process to have all parties joined as soon as possible, and in recognition of the uniqueness of the UEGF from other types of workers’ compensation litigation, this section cannot be waived or modified as otherwise provided in §  131.3 (relating to waiver and modification of rules).

 (f)  Subsections (a)—(e) supersede 1 Pa. Code § §  33.61, 35.18, 35.123—35.128, 35.187 and 35.188.

Cross References

   This section cited in 34 Pa. Code §  131.3 (relating to waiver and modification of rules).

§ 131.203. Hearing procedures.

 (a)  If the UEGF requests live testimony of witnesses before the judge, the judge will schedule such hearings to accommodate the request, unless denied for good cause shown and stated on the record.

 (b)  Subsection (a) supersedes 1 Pa. Code § §  35.101—35.106, 35.111—35.116, 35.121—35.128, 35.137, 35.138, 35.155 and 35.161—35.169.

§ 131.204. UEGF subpoenas and interrogatories.

 (a)  The judge may issue subpoenas, order testimony or compel the completion of written interrogatories with respect to the alleged uninsured employer’s financial history, condition or ability to pay an award.

 (b)  The judge may compel the attendance of all parties at mediation.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code § §  35.111—35.116, 35.137—35.147, 35.150, 35.161, 35.162, 35.187 and 35.188.



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