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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 VIII. Bureau of Workers’ Compensation |
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Chapter 131. Special Rules of Administrative Practice and Procedure Before Workers’ Compensation Judges |
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SubChapter C. FORMAL PROCEEDINGS |
Section 131.91. Stipulations of fact
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(a) Stipulations of fact may be filed with the judge to whom the case has been assigned.
(b) The judge may issue a decision based on stipulations of fact, if the judge is satisfied that:
(1) The stipulations of fact are fair and equitable to the parties involved.
(2) The claimant understands the stipulations of fact and the effect of the stipulations of fact on future payments of compensation and medical expenses.
(3) The stipulation shall be signed and dated by the claimant, all counsel participating in the agreement and the employer, when unrepresented.
(4) The stipulation states which petitions are being resolved and which petitions are not being resolved.
(5) The stipulation states whether each petition should be withdrawn, granted or dismissed, and whether the parties are requesting an interlocutory or a final order.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.155 (relating to presentation and effect of stipulations).
The provisions of this § 131.91 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; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (346017) to (346018).
Notation
The provisions of this § 131.91 amended under sections 401.1, 435(a) and (c) and 1608 of the Workers’ Compensation Act (77 P. S. § § 710, 991(a) and (c) and 2708); 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).
If a stipulation is part of an illegal settlement or is no more than an agreement approved by the referee, his decision thereon cannot be accorded res judicata. Spears v. Workmen’s Compensation Appeal Board, 481 A.2d 1244 (Pa. Cmwlth. 1984).(Editor’s Note: The court cited to former § 131.56 which dealt with stipulations of fact.)