(a) A request for
supersedeas shall be filed as a separate petition from the appeal and be
accompanied by the following:
(1) A copy of
the decision and order of the judge or order and opinion of the Board from
which the supersedeas is requested.
(2) A short statement setting forth reasons
and bases for the request for supersedeas.
(3) A specific statement as to the issues of
law, if any, involved in the underlying appeal.
(4) Information on the current employment
status of the claimant, if known.
(5) The court, if any, to which an appeal
from the Board decision has been taken.
(6) Other relevant information for the
Board's consideration in determining whether the supersedeas request meets the
following standards:
(i) The petitioner makes
a strong showing that it is likely to prevail on the merits.
(ii) The petitioner shows that, without the
requested relief, it will suffer irreparable injury.
(iii) The issuance of a stay will not
substantially harm other interested parties in the proceeding.
(iv) The issuance of a stay will not
adversely affect the public interest.
(7) A proof of service as specified in §
111.12(e)
(relating to filing, service and proof of service), insofar as
applicable.
(b) Requests
for supersedeas shall be served on all parties.
(c) Subsections (a) and (b) supersede 1 Pa.
Code §§
35.1,
35.2,
35.17, 35.190 and
35.225.
Notes
The provisions of this
§ 111.21 adopted January 1, 1970; reserved November 6, 1981, effective
11/7/1981, 11 Pa.B. 4015;
amended April 7, 1989, effective 4/8/1989, 19 Pa.B. 1631; amended December 6,
2002, effective 12/7/2002, 32
Pa.B. 6043; amended December 19, 2014, effective
12/20/2014, 44 Pa.B.
7837.
The provisions of this § 111.21 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).
This section cited in 34 Pa. Code §
111.11 (relating to content and
form).
