(a) A party
desiring to join another defendant to assert a claim relevant to the pending
petition may do so as a matter of right by filing a petition for
joinder.
(b) A petition for joinder
shall set forth the identity of employers and insurance carriers sought to be
joined and the reasons for joining a particular employer or insurance carrier
as well as the specific facts and the legal basis for the joinder.
(c) The petition for joinder shall have
attached to it copies of petitions and answers previously filed and a list of
the dates and locations of all prior hearings held and depositions
taken.
(d) The petition for joinder
form shall be filed with the Department no later than 20 days after the first
hearing at which evidence is received regarding the reason for which joinder is
sought, unless the time is extended by the judge for good cause
shown.
(e) An answer to a petition
for joinder shall be filed in accordance with section 416 of the act
(77
P. S. §
821) within 20 days after the
date of assignment by the Department to the judge and may include a motion to
strike.
(f) A party filing a
petition for joinder or an answer to it shall serve unrepresented parties and
counsel of record.
(g) A proof of
service shall be attached to the petition for joinder or answer.
(h) After joinder, the original petition
shall be deemed amended to assert a claim of the claimant against an additional
defendant. The additional defendant is liable to any other party as the judge
orders. The additional defendant shall have the same rights and
responsibilities under this chapter as the original defendant.
(i) The judge may strike the petition for
joinder, and the judge may order the severance or separate hearing of a claim
presented therein, or as a result of the joinder.
(j) The judge will issue an order when the
motion to strike a petition for joinder is granted.
(k) An order to strike a petition for joinder
does not preclude or delay further proceedings before the judge.
(l) Subsections (a)-(k) supersede 1 Pa. Code
§§
31.5, 33.41, 33.42,
35.11, 35.35, 35.40,
35.48-
35.51,
35.54 and
35.55 and also supersede 1 Pa.
Code Chapter 35, Subchapter D (relating to motions).
Notes
The provisions of
this § 131.36 adopted November 6, 1981, effective
11/7/1981, 11 Pa.B. 4015;
amended March 29, 1991, effective 3/30/1991, 21 Pa.B. 1401; amended December 6,
2002, effective 12/7/2002, 32
Pa.B. 6043; amended December 19, 2014, effective
12/20/2014, 44 Pa.B.
7837.
The provisions of this § 131.36 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).
This section cited in 34 Pa. Code §
131.33 (relating to answers except
answers to petitions for joinder and challenge
proceedings).
