Section 111.23. Answers

(a) An answer to a request for supersedeas may be filed with the Board within 10 days of service of the request for supersedeas.

(b) An original answer shall be filed.

(c) An answer filed under this subsection shall be served on all parties.

(d) An answer filed under this subsection shall be accompanied by a proof of service as specified in § 111.12(e) (relating to filing, service and proof of service), insofar as applicable.

(e) Subsections (a)—(d) supersede 1 Pa. Code § § 33.15 and 35.35 (relating to number of copies; and answers to complaints and petitions).

The provisions of this § 111.23 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 pages (330011) to (330012).

Notation

Authority

The provisions of this § 111.23 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

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).