(a) A
resolution hearing must be requested in writing.
(b) Counsel for either party, or any
unrepresented party, may request a resolution hearing at any time after all
parties are prepared to proceed within the time limits prescribed by the act
and this rule for resolution hearings.
(c) If a petition is pending before a judge,
the request for a resolution hearing must be directed to the assigned
judge.
(d) If a petition is not
pending before a judge, the request for a resolution hearing must be directed
to the Judge Manager for the judge's office serving the county of the
claimant's residence. If the claimant resides outside of this Commonwealth, the
request must be directed to the Judge Manager for the judge's office most
proximate to the claimant's residence. The Judge Manager will assign a judge to
conduct the resolution hearing.
(e)
The assigned judge's office will schedule the resolution hearing within 14
business days of receiving the request for a resolution hearing.
(f) The Judge Manager may reassign any case
from one judge to another to ensure compliance with the resolution hearing
requirements of sections 401 and 401.1 of the act (77 P. S. §§
701 and
710). The Judge Manager will
notify both judges of the reassignment.
(g) The
judge conducting the
resolution
hearing will require proof that a petition has been filed with the
Department
under §
131.11 (relating to filing,
service and proof of service), and will make the proof a part of the record.
Upon receiving the proof, the
judge shall proceed with the hearing and
circulate a final decision within 5 business days of the hearing.
(h) The assigned judge need not comply with
the procedures in this rule if any party is unable to proceed within the time
limits established by the act for resolution hearings.
(i) Subsections (a)-(h) supersede 1 Pa. Code
§§
31.21-
31.23, 35.48-
35.51,
35.111 -35.116,
35.185, 35.201-35.207 and 35.226.
Notes
The provisions of
this § 131.60 adopted 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 § 131.60 issued 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 §
131.57 (relating to compromise and
release agreements).
