Pennsylvania Workers' Compensation Act

Topical Index

| A | B | | C | D | E | F-G | H | I | J | L | M | N | O | P | R | S | T | | U-V | W |
Acceptance of Act (exclusivity of remedy): (topics to follow)
  employe 303
  employer 301(a)
  mandatory 301(a) / 303 / 305 / 319
Accident and illness prevention services, see Health and Safety
Adjudication, office of 1401
  director: (topics to follow)
    appointment by secretary
    duties 1402
  judges, see Judges: (topics to follow)
    appointment of 1401(b)
    civil service 1401(d)
    code of ethics 1404
    requirements for appointment 1403
    training required 1401 / 1403
Adjusting company 441(c)
Administration fund 446 / Reg. 121.31
Admissibility, see Evidence
Admission of allegations in claim petitions 416
Advisory council, Pennsylvania workers’ compensation: (topics to follow)
  duties 447(b)
  members 447(a)
Advisory council, state workers’ insurance board: (topics to follow)
  duties 1503(e)
  members 1503(b)
Affidavit: (topics to follow)
  admissible as evidence 422
  of insurer on employe return to work 413(c)-(d)
  of physician for supersedeas 413(a.1)
Agent of employer: (topics to follow)
  domiciled in another state 305.2(c)
  receipt of notice of injury 313
Agreements, see Release: (topics to follow)
  compensation for disability or permanent injury Reg. 121.8
    supplemental Reg. 121.17(b)
  compensation for death Reg. 121.9
    supplemental Reg. 121.11
  compromise and release 449
  collective bargaining 450
  department, examination of 409 / Reg. 121.12
  forms: (topics to follow)
    notice of compensation payable 406.1(a)-(c)
    temporary notice of compensation payable 406.1(d)
  informal conference 402-402.1
  legal services or disbursements 501
  mailing and delivery of 403 / 409 / Reg. 131.11
  modification, suspension, termination and reinstatement of 408
  payment upon execution of 409
  principally localized employment 305.2
  setting aside 407
  supplemental agreements: 407-408 / Reg. 121.11
  time requirement 315
  waiting period 407
Agricultural labor 302(c)
Alcohol, intoxicated persons 301(a)
Aliens, eligibility for compensation 310
Allegations in claim petition, denial and admission of 416
Alternative dispute resolutions: (topics to follow) 450(d)
  provided for in collective bargaining agreement: (topics to follow) Reg. 123.401
    duration of ADR systems so established Reg. 123.403
    effect and appeal of final determinations Reg. 123.404
    forms and filing requirements Reg. 123.402
Ambulance personnel 601
Amendments to pleadings: (topic to follow) Reg. 131.35
  as a result of joinder petition Reg. 131.36
Amputation (see compensation schedule for loss or amputation of members) 306(c)
Annual Claims Status Report Reg. 121.16
Annual report of insurers 445 / Reg. 121.35
Answer: (topics to follow)
  failure to file 416
  joinder petitions Reg. 131.36
  regulations on filing Reg. 131.33
  service on parties by judge 417
Anthraco silicosis: (topics to follow)
  compensation for 301(c)(2) / Reg. 121.21
  definition 108(q)
  required period of employment 301(d)
Anthrax 108
Appeal: (topics to follow)
  board, appeals to: (topics to follow) 402 / 423
  content and form Reg. 111.11
  decisions on Reg. 111.18
  filing and service of Reg. 111.12
  motions to quash Reg. 111.14
  capriciousness, judge’s decision caused by 425
  coercion, judge’s decision caused by 425
  cross-appeals 423
  error of law, board of appeals based upon 424
  extension of statute of limitations for 423
  fraud, judge’s decision caused by 425
  grounds for appeal 423
  impairment rating evaluation 306(a.2)(4)
  institution of appeal 402
  insurer’s right to appeal for suspension or revocation of license 441(b)
  judge’s decision, right to appeal from 413(a) / 418
  rehearing by the board 425-426
  recusal decision by judge Reg. 131.24
  self-insurer’s right to appeal, regarding privilege to do business 441(b)
  supersedeas, application for reimbursement 443(a)
  supersedeas granted during appeal not appealable 430
  supersedeas, no right to appeal 413(a.1-a.2) / Reg. 131.41
  time limit for appeals from judge’s decision 423
Appeal Board, see Board
Appear, failure to 416
Applicability of the Act: (topics to follow)
  generally 101
  no liability at common law 205
Application for exemption from insurance, see Self-Insurance/Insurance
Architect 105.3
Artificial Limbs 306(f.1)
Asbestosis: (topics to follow)
  compensation for 301(c)(2)
  occupational disease, identified as 108(q)
  required period of employment 301(d)
Assessments: (topics to follow)
  administration fund 446 / Reg. 121.31
  objections to Reg. 121.34
  self-insurance guaranty fund: (topics to follow) 907
  existing self-insurers Reg. 125.210
  new individual self-insurers Reg. 125.207
  new group self-insurance funds Reg. 125.208
  new members of group self-insurance fund Reg. 125.209
  objections to Reg. 125.211
  Small Business Advocate, Office of 1303 / Reg. 121.32
  special funds, collection for Reg. 121.33
  subsequent injury fund 306.1-306.2 / Reg. 121.22
  supersedeas fund 443 / Reg. 121.23
Assignability of claims for payment 318-319
Assignment of case to another judge by department: (topic to follow) 415
  reassignment Reg. 131.22
Assignment of petition to judge 414
Assumption of risk as defense 201(b)
Athletes, professional 308.1
Attachment, claims for payment exempt from 318
Attorney general, authority to investigate insurance fraud 1109
Attorney’s fees: (topics to follow)
  alien, presentation of claim for 310
  approval of: (topics to follow)
    by judge 442
    by board 442 / 501
  determination by judge: (topic to follow) 440(b)
    for quantum meruit fees Reg. 131.55(b)-(e)
  recovery of 440(a) / Reg. 131.55(a)
  subrogation, in conjunction with fees 319
Auditor general, administrative fund audit 446(d)
Automatic request for supersedeas 413(a.1)-(a.2) / Reg. 131.49
Average weekly wage: (topics to follow)
  definition 105.1
  for Article III purposes 309
  occupational diseases Reg. 121.14
Auxiliary police and special school police 104
Award: (topics to follow)
  another state’s, not a bar 305.2
  board’s authority to order 423
  judge’s authority to make 413(a) / 418
  lien against 501
  satisfaction of award by payment into trust 317
  service of copy by department 405-406
  subsequent injury 306.1
  termination, modification, suspension and reinstatement of 413
Balance billing, prohibition against 306(f.1)(7) / Reg. 127.211
Benefits, see Compensation: (topics to follow)
  non-occupational illness or disease 315 / 413
  received from associations, societies, or funds 204(a)
Board, workers' compensation appeal: (topics to follow)
  appeal, duty to grant for alleged error of law 424
  appeals to: (topics to follow) 402
    briefs Reg. 111.16
    content and form Reg. 111.11
    decisions on Reg. 111.18
    filing and service of Reg. 111.12
    motions to quash Reg. 111.14
    oral argument Reg. 111.17
    other pleadings Reg. 111.15
    processing of Reg. 111.13
  attorney fees, authority to approve 442 / 501
  award, authority to order 423
  common law not binding on 422
  commutation of legal services and disbursement, authority to approve 501
  commutation of payments, authority to approve 316
  compensation for service of physician or expert, fixed by 420
  death compensation, authority to order payment for designated guardian
  or other person
  definition 107
  evidence, power to hear 425
  experts, authority to use 420
  hearings: (topics to follow)
    de novo, authority to grant 425
    public 421
  impartial physician, authority to appoint 420
  investigation of facts, ability to conduct 420 / 437
  lien against compensation, approval of by 501
  members, generally: (topics to follow) 401.2
    Code of Ethics 401.2(c)
    composition of 401.2(a)
    quorum defined 401.2(a)
  opinion writers 401.2(d)
  procedure for other petitions, applicability: (topics to follow) Reg. 111.31
    answers Reg. 111.34
    disposition of Reg. 111.35
    form and content of Reg. 111.32
    other requirements Reg. 111.33
  promulgation of rules of procedure, authority to 435(c)
  regulations for practice and procedure before Reg. 111.1 et.seq.
  rehearing of petition, authority to grant 426
  remand cases to judge on appeal 419
  statutory rules of evidence not binding 422
  subpoenas, authority to issue 436
  supersedeas request during appeal: (topics to follow)
    answers to Reg. 111.23
    authority to rule upon 430
    content and form of Reg. 111.21
    disposition of Reg. 111.24
    filing of Reg. 111.22
  wages, determination of 309
Bond, filing by person other than guardian 307(7)
Brother or sister, payment to 307 / 310
Building permit, contractor’s proof of insurance 302(e)
Burden of proof: (topics to follow)
  intoxication of employe 201(c) / 301(a)
  reckless indifference by employe 201(c)
  self-inflicted injury 301(a)
  violation of law resulting in injury 301(a)
Bureau, definition 1501
Bureau rules Regs. 121.1 et seq
Burial expenses 307
Burn facilities 109
Carriers, see Insurer
Casual employment 104
Certificate by department for satisfaction of judgment 429
Certificate of payment by out-of-state employer 305.2(c)
Certificate of employment, minors 320(e)-(f)
Certificate of non-insurance against employer 305
Certification by department of judge’s decision 428
Claim petition: (topics to follow)
  admission of allegations 416
  answers to, failure to file 416
  compensation due, failure to agree upon 410
  filing, service and proof of service Reg. 131.11
  forms of 402
  hearing 401.1
  mailing and delivery 403
Claimant, see Employe
Claims, controversion or denial of by insurer 406.1(c)
Claims for compensation, exempt from creditors, levy, execution or attachment 318
Claims for payment, assignability of 318-319
Claims service companies Reg. 125.17 / Reg. 125.151
Coal workers’ pneumoconiosis: (topics to follow)
  compensation for 301(c)(2) / Reg. 121.21
  occupational disease, Identified as 108(q)
  required period for employment 301(d)
Collective bargaining of workers’ compensation issues: (topics to follow)
  alternative dispute resolutions: (topics to follow) 450(d)
    duration of Reg. 123.403
    effect and appeal of final determinations Reg. 123.404
    forms and filing requirements Reg. 123.402
    providing for use of Reg. 123.401
  arbitration award not binding when involving police and firefighters 450(b)
  limits in scope of agreement 450
  not diminishing benefits under the act 450(c)
Common law not binding upon board or judge 422
Commutation: (topics to follow)
  of legal services and disbursements by board 501
  of payments: (topic to follow) 316 / Reg. 121.20
    void if agreement for is contrary to act 407
  petition for 412
Compensation: (topics to follow)
  agreement for: (topics to follow)
    compensation payable, modification, suspension, reinstatement,
    or termination of
    death Reg. 121.9 / Reg. 121.11
    department’s examination of 409
    disability or permanent injury Reg. 121.8
    payment upon execution of 409
  amounts payable: (topics to follow) 306(a)-(g)
    additional, for injuries prior to August 31, 1993 306(h)
    list of, provided by insurer Reg. 121.30
    stopping payment of Reg. 121.17
  another state’s not a bar 305.2(b)
  artificial limbs, prostheses 306(f.1)
  burial expenses 307
  certificate of payment from other state 305.2(c)
  credits against, see Credits
  death, computation of compensation: (topic to follow) 307
    starting time for payments Reg. 121.15(b)-(c)
  death of spouse receiving death benefits 307(7)
  death, out of state award, credit given 305.2(b)(3)
  death from causes other than injury, payment to: (topics to follow)
    child, surviving 306(g)
    dependents 306(g)
    estate 306(g)
    widow or widower 306(g)
  default in payments 428
  delivery of compensation checks Reg. 121.25
  denial of Reg. 121.13
  determination of compensation where facts are agreed upon 411
  distribution of compensation 307 / 310 / 410
  earning power of employe: (topic to follow) 306(a)-(b)
   determination 306(b)(2)
  execution of judgment for compensation due 428
  exempt from creditors, levy, execution of judgment 318 / 410
  failure to agree on compensation due 410-411
  failure to pay promptly by adjusting company 441(c)
  failure to pay promptly by insurer 441(a)
  failure to pay promptly by self-insurer 441(b)
  failure to return verification of employment form, effect on 311.1(g) / Reg. 123.502
  forfeiture of compensation by employe for refusal to submit to expert
  interview or physical examination
  funeral expenses 307
  healing period 306(c)(25) / 306(d)
  incarceration 306(a.1)
  injury, compensation for 301(a)
  interest on unpaid compensation 406.1
  judgment for compensation due 428
  lien against 501
  loco parentis, qualifying children for death compensation 307(7)
  maximum compensation payable 306(a)-(g)
  medical, surgical, hospital services, payment for 306(f.1)-(f.2)
  meretricious relationships, effect of death compensation 307(7)
  minors: (topics to follow)
    additional compensation 320
    eligibility to receive 301(b)
  modification of 408 / 413
  nonresident alien widow, children or parent eligibility 310
  notice of compensation payable: (topics to follow) 407
    forms for 406.1
    mailing and delivery of 403
    modification, suspension, reinstatement and termination of 408 / 413(a)-(a.2)
  notice required of employe: (topic to follow) 311-312
    reporting and verification of employment Regs. 123.501-502
  offsets, see Credits
  out of state awards, credit given 305.2(b)(2)
  partial disability 306(a.2)-(g)
  partial disability becoming total 306(b)
  payment, promptness and timeliness of 401.1 / 406.1
  payment within 30 days of Judge's decision 428
  payment upon execution of agreement 409
  posthumous children, eligibility for death compensation 307(7)
  preference of right to compensation 318
  prepayment of future installments into trust 317
  priority of employe’s claim for 318
  promptness of payment 401.1 / 406.1 / 409
  prostitution affecting eligibility for death compensation 307(7)
  receipt for compensation 407
  receipt of, from federal government, other states 322
  reinstatement of 408 / 413(a-b)
  remarriage of spouse affecting eligibility for death compensation 307(7)
  satisfaction of award by payment into trust 317
  schedule of compensation payable 306(a)-(g) / 601(b)
  schedule for specific loss or amputation 306(c)
  statute of limitations of notice requirements 311
  stepchildren eligibility for death benefits 307(7)
  subrogation 319
  subsequent injury 306.1 / Reg. 121.22
  supplemental agreements for compensation, department’s examination of:
  (topics to follow)
    for death Reg. 121.11
  suspension 311.1(g) / 408 / 413
  temporary payments 406.1
  temporary total disability 306(d)
  termination 408 / 413
  termination of compensation payable to widow or widower 307(7)
  total disability 306(a)
  total disability to partial disability 306(a.2)-(g)
  trust, payment for future installments 317
  twenty-one day rule, commencement of payment 406.1(a)
  unpaid compensation, interest on 406.1
  volunteers 601
  wages, combined with compensation 306(b)-(c)
  wages used to determine periodic payment of compensation 308
  waiting period 306(a) / 306(d)-(e) / 407 / Reg. 121.15
Compromise and release, (topics to follow)
  approval by judge 449(b)
  document requirements 449(c)
  generally 449 / Reg. 131.57
  judge will expediate hearing Reg. 131.57(d)
  petition for 449(a)
  resolution hearing 401 / 401.1
  right not affected by commutation 412
  stipulation of parties 449(b)
  vocational evaluation 449(d)
Computation of time: (topics to follow)
  for determining timeliness of payment of medical bills Reg 127.208(b)
  medical cost containment regulations Reg 127.2
  self-insurance regulations: (topic to follow) Reg 125.20
    group self-insurance Reg 125.156
  workers' compensation judge's rules Reg 131.15
Conflicts of law 305.2
Consolidation of proceedings Reg 131.30
Constitutionality of act 502-03
Construction design professional: (topics to follow)
  definition 105.3
  liability for construction workers 323
Contempt, witnesses failure to comply with subpoena or summons 436
Contract of hiring: (topics to follow) 101
  contractors, subcontractors 302(a)
  place of making 305.2
Contractor: (topics to follow)
  definition 105
  employe of contractor 302(b)
  employe of contractor, liability for 203
  intermediate contractor or employer excused from liability 302(a)
  performing work for municipality or public body 302(f)-(g)
  principal employer for 302(a)-(b)
  proof of insurance from subcontractor 302(d)
  subcontractor as contractor 105
Control by employer 202
Controversion of claims by insurer 406.1
Coordinated care organization: (topics to follow) 306(f.1)-(f.2)
  certification 306(f.2) / 447
  definition 109
Corporate officers, see Executive Officer
Corporations 103
Course of employment: (topics to follow)
  liability limited to 301(a) / 301(c)
  outside commonwealth 305.2
  volunteers 601
Correctional institutions, hepatitis C, occupational disease 108(m)
Costs, award of 440(a) / Reg. 131.55(a)
Credits Against: see Offsets (topics to follow)
  awards in other states 305.2(b)
  forms 204(d)
  pension benefits 204(a) / 204(c)
  severance benefits 204(a) / 204(c)
  social security benefits 204(a) / 204(c)
  unemployment compensation 204(a-c)
Crimes and offenses: (topics to follow)
  failure to insure 305
  fraud 1101
Cross-appeals 423
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