19 Del. Admin. Code §§ 1331-26.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 1331-26.0 - Additional Issues

26.1 When a petition is pending before the Board, either party may assert an additional issue or file an additional petition for consideration by the Board. The following issues shall be added to a pending petition through a letter request, timely filed with the Department and sent to opposing counsel in the same manner as service is made upon the Department:

26.1.1 A request for the payment of medical expenses.

26.1.2 A request for reimbursement of travel expenses; or

26.1.3 A request for partial disability benefits if the pending petition is claimant's petition for an ongoing period of total disability benefits or the employer's request for the review of an open agreement as to compensation.

26.2 When a petition is pending before the Board, either party may assert an additional issue but a party wishing to assert one or more of the following issues must file a formal petition and serve the same in accordance with the statute unless otherwise permitted by the Board pursuant to Rule 8.

26.2.1 A request to review an open compensation agreement.

26.2.2 A claim for permanent impairment benefits.

26.2.3 A claim for a recurrence of temporary, total and/or partial disability.

26.2.4 A claim for disfigurement benefits; or

26.2.5 a forfeiture of the right to compensation pursuant to 19 Del.C. § 2353.

26.3 A subsequently filed petition may be consolidated with a pending petition only upon:

26.4.1 The agreement of the parties; or

26.4.2 A motion by the party seeking to consolidate the petitions approved by the Board after due notice to opposing counsel and the opportunity for counsel to be heard under Rule 8.

19 Del. Admin. Code §§ 1331-26.0

1 DE Reg. 938 (1/1/98)
15 DE Reg. 854 (12/01/11)