Section 131.41. Request for supersedeas or reconsideration of supersedeas

(a) When a petition contains a request for supersedeas, or when a request for supersedeas is made, the judge may rule on the request only after a hearing.

(b) After a hearing, the judge may grant or deny the request for supersedeas in whole or in part. The grant or denial may be for specified or indefinite periods and may be subject to conditions that the judge orders to implement the intent of the act, the Disease Law or this chapter. If a supersedeas has been granted or denied in whole or in part, the judge may, upon request or on the judge’s own motion, and after hearing, review and modify the grant or denial as warranted.

(c) The decision of a judge on a request for or reconsideration of a supersedeas is an interlocutory order.

(d) Subsections (a)—(c) 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 § 131.41 adopted November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038. Immediately preceding text appears at serial pages (309350) and (337241).

Notation

Authority

The provisions of this § 131.41 amended under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P. S. § § 710 and 991(a) and (c)); section 2205 of The Administrative Code of 1929 (71 P. S. § 565); and section 414 of the Occupational Disease Act (77 P. S. § 1514).