(a) A brief on behalf of a petitioner shall
be filed with the Board within 30 days of the date of the Board's
acknowledgment of receipt of the appeal as set forth in §
111.13 (relating to processing of
appeals and cross appeals). In the event subsequent appeals or cross appeals
are filed, the Board will issue revised briefing schedules.
(b) A brief on behalf of a respondent shall
be filed with the Board within 30 days after service of the petitioner's brief,
or where petitioner fails to timely file a brief, within 30 days of the date
the petitioner's brief was to be filed. In the event subsequent appeals or
cross appeals are filed, the Board will issue a revised briefing
schedule.
(b.1) The Board may
direct the filing of a supplemental brief.
(c) Upon written request of a party directed
to the Board, and with notice to all parties, the Board may extend the time for
filing of the party's brief only for good cause shown. A party shall file a
request to extend the time for filing a brief before the date set for filing
that party's brief. The request shall indicate the position of the other
parties with respect to the request.
(d) Briefs not filed with the Board in
accordance with the schedule in this section or as modified by the Board under
subsection (c) will not be considered and will result in disposition of the
appeal without further notice or consideration of the brief of the party
failing to comply with these deadlines or schedule.
(e) Briefs, except as otherwise allowed,
shall consist of the following items, separately and distinctly set forth:
(1) A short statement of the questions
involved.
(2) A statement of the
facts by the petitioner, or counterstatement of the facts by the
respondent.
(2.1) A summary of the
argument, not to exceed one page.
(3) The argument.
(4) A short conclusion setting forth the
precise relief sought.
(5) A proof
of service as specified in §
111.12(e)
(relating to filing, service and proof of service) insofar as
applicable.
(f)
(Reserved)
(g) Briefs shall be
served on all parties.
(h)
Subsections (a)-(g) supersede 1 Pa. Code §§
31.15,
33.37,
35.212 and
35.221 and also supersede 1 Pa. Code Chapter 35, Subchapter F (relating to
briefs).
Notes
The provisions of this
§ 111.16 adopted January 1, 1970; amended April 7, 1989, effective
4/8/1989, 19 Pa.B. 1631; amended
December 6, 2002, effective 12/7/2002, 32 Pa.B. 6043; amended December 19,
2014, effective 12/20/2014, 44
Pa.B. 7837; amended December 10, 2021, subsections (d)-(h) effective
12/11/2021, 51 Pa.B. 7687;
amended June 10, 2022, subsections (a), (b), (b.1) and (c) effective
7/11/2022, 52 Pa.B.
3317.
The provisions of this § 111.16 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);
sections 506 and 2205 of The Administrative Code of 1929 (71 P.S. §§
186 and
565); and section 414 of The
Pennsylvania Occupational Disease Act (77 P.S. §
1514).
This section cited in 34 Pa. Code §
111.35 (relating to dispositions
of petitions).
