Section 61.11. Persons eligible for compensation and expenses

The payment of fees and expenses to individuals who have served as witnesses in proceedings conducted by the Board or the Department will be made subject to the following conditions:

(1) Persons not parties-in-interest.

(i) Payment may be made only to individuals who have received a summons or a subpoena issued by the Department or the Board in accordance with sections 506 and 304 of the law (43 P. S. § § 784 and 826), and who are not a party-in-interest to the proceeding.

(ii) In a proceeding relating to compensation rights the claimant and any last or base-year employer of the claimant shall be considered a party-in-interest.

(iii) An employer shall be considered a party-in-interest to a proceeding relating to his status or liability under section 304 of the law (43 P. S. § 784).

(iv) Agents and employees, including corporate officers, of an employer who is a party-in-interest to a proceeding, shall be considered as parties-in-interest to the proceeding.

(2) Employees of the Department. Employees of the Department may not be entitled to a payment provided by the provisions of this section, but shall be reimbursed for proper expenses in accordance with the provisions of Departmental rules and regulations governing traveling expenses of employees. The receipt of a summons or a subpoena by an employee of the Department, however, will justify the issuance of whatever authorization for travel as may be required under the travel rules and regulations.

(3) Commonwealth employees and employees of the Department. An employee of the Commonwealth who is not an employee of the Department will not be entitled to a payment provided by the provisions of this section, but will be reimbursed for expenses in the same manner as provided for employees of the Department, unless the employee shows to the satisfaction of the Department that he is not entitled to State pay for the period of time spent in attendance at a proceeding in response to a summons or a subpoena. In this event the employee is entitled to allowances as provided for other individuals who are not employees of the Commonwealth.

The provisions of this § 61.11 amended February 11, 2011, effective February 12, 2011, 41 Pa.B. 844. Immediately preceding text appears at serial pages (313904) and (227567).

Notation

Cross References

This section cited in 34 Pa. Code § 61.12 (relating to reimbursable items).