Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part VIII - Bureau of Workers' Compensation
Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES
Subchapter C - FORMAL PROCEEDINGS
EXCHANGE OF INFORMATION AND DEPOSITIONS AND DISCOVERY
Section 131.70 - Discovery of statements of parties or witnesses

Universal Citation: 34 PA Code ยง 131.70

Current through Register Vol. 54, No. 38, September 21, 2024

(a) Upon written request, a party is entitled to receive a photostatic copy or other reproduction of a statement previously made concerning the petition or its subject matter by that party, another party or a witness.

(b) Upon written request, a person not a party, is entitled to receive a photostatic copy or other reproduction of a statement concerning the petition or its subject matter previously made by that person.

(c) This section may not apply to statements made by a party to the party's counsel which are protected by the attorney-client privilege or which are protected as the work product of counsel.

(d) Failure to adhere to this section may result in the application of §§ 131.13(m) and 131.61(d) and (e) (relating to continuances or postponements of hearings; and exchange of information), as appropriate.

(e) Subsections (a)-(d) supersede 1 Pa. Code §§35.145-35.152.

The provisions of this §131.70 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).

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