1. (a) A request for supersedeas shall be filed as a separate petition from the appeal and be accompanied by the following:

   1. (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. (2) A short statement setting forth reasons and bases for the request for supersedeas.
   3. (3) A specific statement as to the issues of law, if any, involved in the underlying appeal.
   4. (4) Information on the current employment status of the claimant, if known.
   5. (5) The court, if any, to which an appeal from the Board decision has been taken.

   6. (6) Other relevant information for the Board’s consideration in determining whether the supersedeas request meets the following standards:

      1. (i) The petitioner makes a strong showing that it is likely to prevail on the merits.
      2. (ii) The petitioner shows that, without the requested relief, it will suffer irreparable injury.
      3. (iii) The issuance of a stay will not substantially harm other interested parties in the proceeding.
      4. (iv) The issuance of a stay will not adversely affect the public interest.
   7. (7) A proof of service as specified in § 111.12(e) (relating to filing, service and proof of service), insofar as applicable.
2. (b) Requests for supersedeas shall be served on all parties.
3. (c) Subsections (a) and (b) supersede 1 Pa. Code § § 35.1, 35.2, 35.17, 35.190 and 35.225.

Authority

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).

Source

The provisions of this § 111.21 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015; 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. Immediately preceding text appears at serial pages (320248) to (320249).

Notes of Decision

Supersedeas Request

Claimant who appealed grant of employer’s second vocational interview, appealed Worker’s Compensation Appeal Board’s denial of his supersedeas request; claimant offered no evidence that he would suffer irreparable harm if supersedeas were denied and if claimant’s benefits had been suspended for failure to attend the vocational interview and he prevailed on appeal, Claimant would be entitled to receive all compensation due from the date of the order granting employer’s petition. Linton v. W.C.A.B. (Amcast Indus. Corp.), 895 A.2d 677, 680 (Pa. Cmwlth 2006).

The grant or denial of supersedeas is at the discretion of the Worker’s Compensation Appeal Board. Linton v. W.C.A.B. (Amcast Indus. Corp.), 895 A.2d 677, 680 (Pa. Cmwlth. 2006).

Cross References

This section cited in 34 Pa. Code § 111.11 (relating to content and form).