Section 31.26. Service on attorneys

In a proceeding where an attorney has filed a submittal on behalf of a client or has filed an appearance under § 31.24(b) (relating to notice of appearance), a notice or other written communication required to be served upon or furnished to the client shall also be served upon or furnished to the attorney (or one of the attorneys if the client is represented by more than one attorney) in the same manner as prescribed for his client, notwithstanding the fact that the communication may be furnished directly to the client.

Notation

Notes of Decisions

Notice To Attorneys

This section requires that notice must be given to the attorney where the attorney has entered an appearance for the client, even though the specific statutory provision provides only for service on the parties in interest; overruling Crown, Cork and Seal Corp. v. Workmen’s Compensation Appeal Board, 543 A.2d 603 (Pa. Cmwlth. 1988). Philadelphia v. Workers’ Compensation Appeal Board, 706 A.2d 1292 (Pa. Cmwlth. 1998).

Failure to mail a denial of a termination decision to the employer’s counsel, when proper copies were mailed to the employer and its insurance carrier, was not a sufficient reason to permit the employer to file its appeal late, since the statutory provision required only notice to all parties in interest. Crown, Cork and Seal Corp. v. Workmen’s Compensation Appeal Board, 543 A.2d 603 (Pa. Cmwlth. 1988); overruled Philadelphia v. Workmen’s Compensation Appeal Board (Operacz), 706 A.2d 1292 (Pa. Cmwlth. 1998).

Cross References

This section cited in 1 Pa. Code § 33.33 (relating to effect of service upon an attorney); 7 Pa. Code § 131.13 (relating to service); 22 Pa. Code § 121.9 (relating to administrative loan collection review procedures); 34 Pa. Code § 111.12 (relating to filing, service and proof of service); 34 Pa. Code § 111.14 (relating to motions to quash); 34 Pa. Code § 131.11 (relating to filing, service and proof of service); 34 Pa. Code § 131.32 (relating to petitions except petitions for joinder and challenge proceedings); 37 Pa. Code § 171.27 (relating to service on attorneys); 40 Pa. Code § 17.4 (relating to legal representation); 52 Pa. Code § 1.55 (relating to service on attorneys); and 52 Pa. Code § 1001.53 (relating to service on attorneys)..