1. (a) A brief on behalf of a petitioner shall be filed with the Board within 30 days of the date of the Board’s acknowledgment of receipt of the appeal as set forth in § 111.13 (relating to processing of appeals and cross appeals). In the event subsequent appeals or cross appeals are filed, the Board will issue revised briefing schedules.

2. (b) A brief on behalf of a respondent shall be filed with the Board within 30 days after service of the petitioner’s brief, or where petitioner fails to timely file a brief, within 30 days of the date the petitioner’s brief was to be filed. In the event subsequent appeals or cross appeals are filed, the Board will issue a revised briefing schedule.

   (b.1) The Board may direct the filing of a supplemental brief.

3. (c) Upon written request of a party directed to the Board, and with notice to all parties, the Board may extend the time for filing of the party’s brief only for good cause shown. A party shall file a request to extend the time for filing a brief before the date set for filing that party’s brief. The request shall indicate the position of the other parties with respect to the request.
4. (d) Briefs not filed with the Board in accordance with the schedule in this section or as modified by the Board under subsection (c) will not be considered and will result in disposition of the appeal without further notice or consideration of the brief of the party failing to comply with these deadlines or schedule.

5. (e) Briefs, except as otherwise allowed, shall consist of the following items, separately and distinctly set forth:

   1. (1) A short statement of the questions involved.

   2. (2) A statement of the facts by the petitioner, or counterstatement of the facts by the respondent.

      (2.1) A summary of the argument, not to exceed one page.

   3. (3) The argument.
   4. (4) A short conclusion setting forth the precise relief sought.
   5. (5) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service) insofar as applicable.
6. (f) (Reserved)
7. (g) Briefs shall be served on all parties.
8. (h) Subsections (a)—(g) supersede 1 Pa. Code § § 31.15, 33.37, 35.212 and 35.221 and also supersede 1 Pa. Code Chapter 35, Subchapter F (relating to briefs).

Authority

The provisions of this § 111.16 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); sections 506 and 2205 of The Administrative Code of 1929 (71 P.S. § § 186 and 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P.S. § 1514).

Source

The provisions of this § 111.16 adopted January 1, 1970; amended April 7, 1989, effective April 8, 1989, 19 Pa.B. 1631; amended December 6, 2002, effective December 7, 2002, 32 Pa.B. 6043; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837; amended December 10, 2021, subsections (d)—(h) effective December 11, 2021, 51 Pa.B. 7687; amended June 10, 2022, subsections (a), (b), (b.1) and (c) effective July 11, 2022, 52 Pa.B. 3317. Immediately preceding text appears at serial pages (407564) to (407565).

Cross References

This section cited in 34 Pa. Code § 111.35 (relating to dispositions of petitions).