Tuesday, December 17, 2002
In the Martino v. WCAB (PECO Energy) case posted today, the Commonwealth Court considered an arbitrator's post award allocation of loss of consortium. The court held the arbitrator was "functus officio" e.g. once the arbitrator issues an award the arbitrator is without power to make any change. In proceedings before the WCJ, 34 Pa. Code Section 131.112 gives the WCJ an unlimited period of time to amend or correct a typographical or clerical error or obvious omission or error on the part of the judge in a decision or order. Also, a party may request an other amendment or correction within 20 days. An other amendment or correction may be made upon written agreement of the parties.
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