Appeal of The Press X-Press, Inc.; State Workers' Insurance Fund; Doc. No. WC04-06-102 [34 Pa.B. 3812] This order is made on June 28, 2004, and addresses the petition for review filed by The Press X-Press, Inc. (appellant) challenging actions of the Department of Labor and Industry, State Workers' Insurance Fund (Fund) in characterizing individuals as employees rather than independent contractors.
This case is bifurcated and a hearing on the merits will occur, if at all, following consideration of jurisdictional and other threshold issues.
On or before July 14, 2004, the appellant shall file a concise statement setting forth additional facts, if any, and legal argument supporting why the Insurance Department should hear this case. At a minimum, the argument shall address the timeliness and subject matter jurisdiction issues.
On or before August 2, 2004, the Fund shall: (1) answer factual assertions in the appellant's petition for review and additional filing; (2) set forth its arguments in opposition to the appellant's; and (3) raise additional affirmative defenses which may bar the relief sought by the appellant as a matter of law given the undisputed facts.
On or before August 12, 2004, the appellant may reply to the Fund's submission.
Petitions to intervene or notices of intervention shall be filed on or before July 29, 2004.
Persons with a disability who wish to attend an administrative hearing and require an auxiliary aid, service or other accommodation to participate in the hearing should contact Jeffrey Wallace, Agency Coordinator, (717) 787-4298.
M. DIANE KOKEN,
Insurance Commissioner[Pa.B. Doc. No. 04-1320. Filed for public inspection July 16, 2004, 9:00 a.m.]
