1. (a) The oral deposition of a witness other than a party may be taken and, if taken, may be used only as evidence at hearings. Depositions for discovery may be taken only as provided in § 131.68 (relating to discovery of records).
2. (b) The oral deposition of a party may be taken only upon approval of the judge and, if taken, may be used only as evidence.
3. (c) Depositions may be taken by telephone or other electronic means upon agreement of counsel of record and unrepresented parties or, upon motion, as directed by the judge.
4. (d) Subsections (a)—(c) supersede 1 Pa. Code § § 35.145—35.152.

Authority

The provisions of this § 131.62 amended under sections 401.1 and 435(a) and (c) of the Workers’ Compensation Act (77 P.S. § § 710 and 991(a) and (c)); 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 § 131.62 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. Immediately preceding text appears at serial pages (228548) and (261797).

Notes of Decisions

Depositions of Experts

The worker’s compensation judge did not err in allowing employer’s medical expert to testify during deposition as to causation issues when the expert’s report was allegedly limited to the worker’s employability. Stech v. Workmen’s Compensation Appeal Board, 678 A.2d 1243 (Pa. Cmwlth. 1996); appeal denied 698 A.2d 69 (Pa. 1997).

Insufficient Evidence

The Workmen’s Compensation Appeal Board’s order terminating compensation benefits was reversed where employer’s hearsay evidence of medical report was not corroborated by other competent evidence such as live testimony or the deposition of the medical expert, even though the report was admitted without objection and claimant failed to appear at the hearing. Tynan v. Workmen’s Compensation Appeal Board, 639 A.2d 856 (Pa. Cmwlth. 1994).

Cross References

This section cited in 34 Pa. Code § 131.66 (relating to admissibility of oral depositions).