Section 111.22. Filing

(a) A request for supersedeas from the judge’s decision shall be filed with the Board within the time specified in section 423 of the act (77 P. S. § 853).

(b) A request for supersedeas from a Board order shall be filed under the applicable Pennsylvania Rules of Appellate Procedure.

(c) An original request for supersedeas shall be filed. The supersedeas request shall have attached a copy of the judge’s decision and order or Board opinion and order from which the supersedeas is requested.

(d) A request for supersedeas shall be served on all the parties and be accompanied by a proof of service as specified in § 111.12(e) (relating to filing, service and proof of service).

(e) Subsections (a)—(d) supersede 1 Pa. Code § 33.15 (relating to number of copies).

The provisions of this § 111.22 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1631; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial page (330011).

Notation

Authority

The provisions of this § 111.22 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).

Notes of Decisions

Penalties

Employer was not in violation of the Workers’ Compensation Act by not making payment on compromise and release agreement pending appeal of workers’ compensation judge’s decision upholding the agreement; employer complied with the Act by timely filing a petition for supersedeas and therefore was not subject to penalty for failure to make payment after its supersedeas petition was granted by the Workers’ Compensation Appeal Board. Gregory v. W.C.A.B. (Narvon Builders), 926 A.2d 564, (Pa. Cmwlth. 2007).

When the Pennsylvania Workers’ Compensation Act and the Board’s supersedeas regulations are read together, the conclusion is that an employer can be deemed in default only if it fails to seek supersedeas while pursuing additional review or refuses to make a compensation payment after its supersedeas request is denied; to hold otherwise would render the Workers’ Compensation Appeal Board’s supersedeas regulations and authority a nullity. Snizaski v. W.C.A.B. (Rox Coal Co.), 891 A.2d 1267, 1278 (Pa. 2006).