34 Pa. Code § 121.28
The provisions of this § 121.28 adopted August 1, 1975, effective August 2, 1975, 5 Pa.B. 1975; reserved August 3, 2007, effective August 4, 2007, 37 Pa.B. 4181. Immediately preceding text appears at serial page (259559).
Oral Supersedeas
The referee’s oral supersedeas to an employer’s request for termination of benefits, which was obtained ex parte as a result of the employer listing the wrong address of the claimant thus precluding the claimant of any knowledge of the hearing, clearly violated due process. Penn Window and Office Cleaning Company v. Workmen’s Compensation Appeal Board (Pearsall), 550 A.2d 610 (Pa. Cmwlth. 1988).
Timeliness
A two month delay in scheduling a hearing after a request for supersedeas is a violation of 34 Pa. Code § 121.28 and 77 P. S. § § 774 and 802. Westmoreland Casualty Company v. Workmen’s Compensation Appeal Board, 379 A.2d 1080 (Pa. Cmwlth. 1977).