34 Pa. Code § 111.3

Current through Register Vol. 54, No. 19, May 11, 2024

Section 111.3 - Definitions

(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The Workers' Compensation Act (77 P. S. §§ 1- 1041.4 and 2501-2708).

Appeal-A proceeding to review a ruling or decision by a judge.

Board-The Workers' Compensation Appeal Board.

Disease Law-The Pennsylvania Occupational Disease Act (77 P. S. §§ 1201-1603).

Filing-Filing is deemed complete upon one of the following:

(i) Delivery in person.

(ii) If by electronic submission, upon receipt and in a format as prescribed by the Department and published in the Pennsylvania Bulletin or the Department's web site located at www.dli.state.pa.us.

(iii) If by mail, upon deposit in the United States mail, properly addressed, postage or charges prepaid, as evidenced by one of the following:

(A) United States Postal Service postmark.

(B) United States Postal Service Certificate of Mailing (USPS Form 3817 or other similar United States Postal Service form from which the date of deposit can be verified), enclosed with the filing or submitted separately to the Department.

(iv) An appeal may be delivered by a common carrier of property which is subject to the authority of the Pennsylvania Public Utility Commission or the United States National Surface Transportation Board. The date of filing is the date the document was delivered to the common carrier, as established by a document or other record prepared by the common carrier in the normal course of business. If the date of delivery to the common carrier cannot be determined by the documents in the record, the date of filing will be the date of its receipt by the Board.

Judge-A workers' compensation judge assigned by the Office of Adjudication as provided in section 401 of the act (77 P. S. § 701) or assigned by the Office of Adjudication to determine a petition filed under the Disease Law.

Office of Adjudication-The Office of the Department created under section 1401(a) of the act (77 P. S. § 2501(a)).

Party-A petitioner or respondent. An act required or authorized by this chapter, to be done by or to a party, may be done by or to that party's counsel of record.

Petitioner-Anyone seeking to review a ruling or decision by a judge or the moving party in a petition filed under Subchapter D (relating to other petitions).

Respondent-Anyone in whose favor the matter was decided by the judge or other than the moving party in any petition filed under Subchapter.

Service-Delivery in person, by mail or electronics. If service is by mail, it is deemed complete upon deposit in the United States mail, as evidenced by a United States Postal Service postmark, properly addressed, with postage or charges prepaid.

Supersedeas-A temporary stay affecting a workers' compensation case.

(b) Subsection (a) supersedes 1 Pa. Code §§ 31.3, 31.11 and 33.34 (relating to definitions; timely filing required; and date of service).

34 Pa. Code § 111.3

The provisions of this § 111.3 adopted April 7, 1989, effective 4/8/1989, 19 Pa.B. 1631; 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 § 111.3 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).