(a) The
purpose of this chapter is to provide a fair and prompt hearing process, to
allow all parties to introduce appropriate evidence and to receive a timely
decision from the judge. When practicable and appropriate, the entire record
relating to any petition shall be completed at the initial hearing, recognizing
that the hearing process may differ based upon several variables including
geographic location, number of parties involved, case volume and availability
of experts for testimony.
(b) The
hearing process chosen in any specific case, including a determination of
whether testimony will be accepted at the initial hearing, is within the
discretion of the judge. At or before the initial hearing by written order or
on the record, the judge shall establish:
(1)
Specific deadlines for the presentation of evidence by the parties.
(2) Dates for future hearings.
(3) Specific date and time for the mediation
conference unless, for good cause shown, the judge determines at the first
hearing or subsequently that mediation would be futile.
(4) Dates for setting any medical
examinations to be scheduled consistent with §
131.53(g)
(relating to procedures subsequent to the first hearing).
(c) The moving party, at the first hearing,
shall advise the judge and opposing parties of the following:
(1) Allegations and issues of fact and law
involved in the moving party's petition.
(2) Proposed amendments to
pleadings.
(3) Stipulations of
fact.
(4) Names, addresses and
method of presentation of witnesses.
(5) Whether the items and information
specified in §
131.61(a)
(relating to exchange of information), which are intended to be used as
evidence or exhibits, have been provided to the responding party at or before
the first hearing.
(6) Dates of
depositions.
(7) Estimate of
hearing time.
(8) Other subjects
which may aid in the disposition of the proceeding.
(d) The moving party, at the first hearing,
unless otherwise directed by the judge, shall offer and have marked for
identification available exhibits of the moving party.
(e) The parties shall identify and provide,
if not otherwise electronically available to the judge, all documents required
by law to be filed with the Department and which are relevant to issues in
dispute with the same injury date and pertaining to the same claim. The judge
will place those documents in evidence along with any other documents required
to be filed by law with the Department or prior judges and which the judge
deems relevant to the proceeding. The judge and the employee may not introduce
the First Report of Injury into evidence.
(f) Evidence furnished under this section
does not become part of the record, unless otherwise admissible.
(g) Unless otherwise ordered by the judge,
the moving party shall present testimony.
(h) Subsections (a)-(g) supersede 1 Pa. Code
§§
35.123, 35.125 -35.128, 35.155,
35.164 and 35.169.
Notes
The provisions of
this § 131.52 adopted March 29, 1991, effective
3/30/1991, 21 Pa.B. 1401;
amended December 6, 2002, effective 12/7/2002, 32 Pa.B. 6043; amended October 16,
2009, effective 10/17/2009, 39
Pa.B. 6038; amended December 19, 2014, effective
12/20/2014, 44 Pa.B.
7837.
The provisions of this § 131.52 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 §
131.53 (relating to procedures
subsequent to the first hearing).
