Section 111.24. Disposition of request for supersedeas

(a) The Board may grant the request for supersedeas in whole or in part.

(b) The Board will rule on requests for supersedeas within 30 days of the date of receipt by the Board of the request, or the request shall be deemed denied.

(c) Subsections (a) and (b) supersede 1 Pa. Code § § 35.190 and 35.225 (relating to appeals to agency head from rulings of presiding officers; and interlocutory orders).

The provisions of this § 111.24 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 (330012) and (337207).

Notation

Authority

The provisions of this § 111.24 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

Awards

The Workers’ Compensation Act contemplates an award of penalties only where a claimant has prevailed on the merits of the case. Shannon v. W.C.A.B. (City of Erie—Fire Dep’t), 691 A.2d 1010 (Pa. Cmwlth. 1997); appeal denied 702 A.2d 1062 (Pa. 1997).

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).

Where an employer made a timely request for supersedeas, and the supersedeas was ultimately granted, it was not an abuse of discretion of the Worker’s Compensation judge and the Board to deny the employee’s request for penalties for nonpayment during the period the supersedeas petition was pending. To hold that an employer is liable for penalties for nonpayment when its request for supersedeas is pending in effect makes the employer’s right to supersedeas, in most instances, a nullity. Candito v. W.C.A.B (City of Philadelphia), 785 A.2d 1106 (Pa. Cmwlth. 2001); appeal denied 814 A.2d 678 (Pa. 2002).

Time for Board Ruling

Legislative directive in the Statutory Construction Act of 1972 leads to the conclusion that Saturdays, Sundays and holidays are not to be included in the computation of time periods. Wolf v. Workers’ Compensation Appeal Board (County of Berks, Office of Aging), 705 A.2d 483 (Pa. Cmwlth. 1997).