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Pennsylvania Code (Last Updated: April 5, 2016) |
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Title 34. LABOR AND INDUSTRY |
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PART VII. Workers’ Compensation Appeal Board |
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Chapter 111. Special Rules of Administrative Practice and Procedure Before the Workmen’s Compensation Appeal Board |
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SubChapter D. OTHER PETITIONS |
Section 111.43. [Reserved]
The provisions of this § 111.43 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial page (52281).
Notation
Referral
Because the referee failed to obey the directions of the Workers’ Compensation Board and this disability determination has been pending for over 6 years, this matter was remanded with instructions to the Board to make findings of fact through the use of a worker’s compensation judge as the Board’s hearing officer who will report testimony taken back to the Board. The Board is then ordered to make a final adjudication pursuant to this regulation. Benjamin v. Workmen’s Compensation Appeal Board, 672 A.2d 364 (Pa. Cmwlth. 1996).
The referee and the Board are not compelled to find as facts allegations in a claim petition which are not specifically denied, and therefore failure to find as facts allegations of an accident when they are not specifically denied does not constitute error. Isherwood v. Township of Penn Hills, 318 A.2d 767 (Pa. Cmwlth. 1974).
This section was invalidated by the act of February 8, 1972 (P. L. 23) which repealed the act of July 21, 1919 (77 P. S. § 112), under which this section was promulgated. St. Denis v. Workmen’s Compensation Appeal Board, 371 A.2d 252 (Pa. Cmwlth. 1977).