Section 123.802. Notice to the Uninsured Employer Guaranty Fund

(a) For purposes of Article XVI of the act (77 P. S. § § — ), an injured worker who seeks benefits from the Uninsured Employer Guaranty Fund (Fund) shall notify the Fund of a claim within 45 days from the date upon which the injured worker knew that the employer was uninsured.

(b) Compensation will not be paid from the Fund until notice is given.

(c) Notice to the Fund shall consist of completing and mailing the form designated as ‘‘Notice of Claim Against Uninsured Employer’’ (Notice) to the Department of Labor and Industry (Department) at the address listed on the form. The Department may reject any incomplete Notice.

(d) The Notice will be deemed filed as of the date of the Notice’s deposit in the United States Mail, as evidenced by a United States Postal Service postmark, properly addressed, with postage or charges prepaid. If a United States Postal Service Postmark is not present, the date of the Department’s actual receipt of the Notice is the filing date.

Notation

Cross References

This section cited in 34 Pa. Code § 123.803 (relating to prerequisites for filing claim petition for benefits from fund); and 34 Pa. Code § 123.804 (relating to filing of claim petition for benefits from the fund).