Section 131.31. Form of pleadings

(a) All proceedings, except challenges under sections 413(c) and 413(d) of the act (77 P. S. § § 774.2 and 774.3), shall be initiated by petition.

(b) Subsection (a) supersedes 1 Pa. Code § § 33.1—33.4, 33.11, 33.12 and 35.17.

The provisions of this § 131.31 adopted November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; amended March 29, 1991, effective March 30, 1991, 21 Pa.B. 1401; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043. Immediately preceding text appears at serial pages (246923) to (246924).

Notation

Authority

The provisions of this § 131.31 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 Occupational Disease Act (77 P. S. § 1514).

Notes of Decisions

Service of Process

Since neither the employer nor its insurance carrier was ever properly served by the workers compensation claimant, there was understandably a delay in filing the employer’s answer to the petition and the employer most certainly had an adequate excuse for the late filing of its answer under 77 P. S. § 821. Abex Corp. v. Workmen’s Compensation Appeal Bd., 665 A.2d 845 (Pa. Cmwlth. 1995); appeal denied 681 A.2d 1343 (Pa. 1996).