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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 111.44. [Reserved]
The provisions of this § 111.44 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial page (113055).
Notation
Authority
Although claimant had filed his claim without showing that the incidence of the condition complained of was greater in his occupation than in the general population, the referee was authorized under 34 Pa. Code § 111.44(c) to grant relief. Rightly v. Workmen’s Compensation Appeal Board, 509 A.2d 905 (Pa. Cmwlth. 1986).
Remand
Case remanded where Workmen’s Compensation Appeal Board had failed to act on claimant’s request for leave to amend his claim petition to come within section 301(c) of the Pennsylvania Workmen’s Compensation Act and where referee had found that work-related gases and dust had aggravated pre-existing lung condition to point of total disability. Sandusky v. Workmen’s Compensation Appeal Board, 487 A.2d 1019 (Pa. Cmwlth. 1985).