Section 111.17. Oral argument

(a) The Board will schedule oral argument in every appeal or cross appeal unless all parties to the appeal or the cross appeal, upon receiving the acknowledgment of appeal or cross appeal, indicate that no oral argument is requested, or that it is waived.

(b) The Board will hear oral argument on appeals and cross appeals according to a schedule prepared in advance for each calendar year. Oral argument will be conducted in Harrisburg, Philadelphia and Pittsburgh and in other locations throughout this Commonwealth, as the Board may schedule, or, as is appropriate in the Board’s judgment.

(c) Oral argument will be scheduled at the earliest possible date pursuant to the schedule as established by the Secretary of the Board.

(d) Parties shall be advised as far in advance as possible of the date of oral argument by the acknowledgment of appeal or cross appeal as specified in § 111.13(b) (relating to processing of appeals and cross appeals).

(e) Oral argument shall consist of a presentation, including rebuttal, if necessary, by the petitioner and respondent.

(f) A petitioner or respondent represented by counsel need not be present at oral argument.

(g) Oral argument may be conducted before one or more members of the Board.

(h) Subsections (a)—(g) supersede 1 Pa. Code § § 33.51, 35.204, 35.214 and 35.221.

The provisions of this § 111.17 adopted January 1, 1970; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1631; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043. Immediately preceding text appears at serial page (259549).

Notation

Authority

The provisions of this § 111.17 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 Pennsylvania Occupational Disease Act (77 P. S. § 1514).

Notes of Decisions

Noncompliance

Where a claimant fails to follow the procedures prescribed in 34 Pa. Code § 111.17, (relating to rehearings) it is within the discretion of the Board to refuse to remand for additional testimony. Verabish v. Workmen’s Compensation Appeal Board, 330 A.2d 542 (Pa. Cmwlth. 1975).

Cross References

This section cited in 34 Pa. Code § 111.35 (relating to dispositions of petitions).