(a) This
section governs the disposition of an employee's request for a special
supersedeas hearing made in connection with a challenge to the suspension or
modification of workers' compensation benefits under sections 413(c) and 413(d)
of the act (77 P. S. §
774.2 and
774.3).
(b) A special supersedeas hearing will be
held within 21 days of the employee's filing of the notice of
challenge.
(c) During the course of
a challenge proceeding, the issues are limited to determining whether the
claimant has stopped working or is earning the wages stated in the Notice of
Suspension or Modification under sections 413(c) or 413(d) of the act and the
challenge shall be decided only on those issues.
(d) If the employer has filed a separate
petition requesting supersedeas, the judge may receive evidence and issue a
separate decision on the request for supersedeas if the judge determines the
claimant will not be prejudiced by the introduction of evidence on the
supersedeas request at the time of the challenge proceeding.
(e) The judge to whom the notice of challenge
has been assigned will issue a written order on the challenge within 14 days of
the hearing.
(f) If the judge fails
to hold a hearing within 21 days or fails to issue a written order approving
the suspension or modification of benefits within 14 days of the hearing, the
insurer shall reinstate the employee's workers' compensation benefits at the
weekly rate the employee received prior to the insurer's suspension or
modification of benefits under sections 413(c) or 413(d) of the act.
(g) Subsections (a)-(f) supersede 1 Pa. Code
§§
35.161,
35.162 and
35.190 (relating to form and admissibility of
evidence; reception and ruling on orders; and appeals to agency head from
rulings of presiding officers).
Notes
The provisions of
this § 131.50a adopted January 16, 1998, effective
1/17/1998, 28 Pa.B. 329; amended
December 6, 2002, effective 12/7/2002, 32 Pa.B. 6043; amended October 16,
2009, effective 10/17/2009, 39
Pa.B. 6038.
The provisions of this § 131.50a 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).
This section cited in 34 Pa. Code §
131.5 (relating to
definitions).
