Section 435. (a) The department shall establish and promulgate
rules and regulations consistent with this act, which are reasonably calculated
to:
(1) expedite the reporting and processing of injury cases,
(2) insure full payment of compensation when due,
(3) expedite the hearing and determination of claims for compensation and
petitions filed with the department under this act,
(4) provide the disabled employee or his dependents with timely notice and
information of his or their rights under this act,
(5) explain and enforce the provisions of this act.
(b) If it appears that there has not been compliance with this act or rules
and regulations promulgated thereunder the department may, on its own motion
give notice to any persons involved in such apparent noncompliance and schedule
a hearing for the purpose of determining whether there has been compliance. The
notice of hearing shall contain a statement of the matter to be considered.
(c) The board shall establish rules of procedure, consistent with this act,
which are reasonably calculated to expedite the hearing and determination of
appeals to the board and to insure full payment of compensation when due.
(d) The department, the board, or any court which may hear any proceedings
brought under this act shall have the power to impose penalties as provided
herein for violations of the provisions of this act or such rules and
regulations or rules of procedure:
(1) Employers and insurers may be penalized a sum not exceeding ten per
centum of the amount awarded and interest accrued and payable: Provided,
however, That such penalty may be increased to fifty per centum in cases of
unreasonable or excessive delays. Such penalty shall be payable to the same
persons to whom the compensation is payable.
(2) Any penalty or interest provided for anywhere in this act shall not be
considered as compensation for the purposes of any limitation on the total
amount of compensation payable which is set forth in this act.
(3) Claimants shall forfeit any interest that would normally be payable to
them with respect to any period of unexcused delay which they have caused.
(e) The department shall furnish to persons adversely affected by
occupational disease appropriate counseling services, vocational rehabilitation
services, and other supportive services designed to promote employability to the
extent that such services are available and practical.
(435 amended June 24, 1996, P.L.350, No.57)