Document 0g1ob8JBpVMaoZBznZw91kNDd

O.D. recent payment of compensation made prior to the date of filing such petition. Where compensation has been suspended because the employee's earnings are equal to or in excess of .his wages prior to the disability payments under the agreement or award may be resumed at any time during the period for which compensation for partial disability is payable, unless it be shown that the loss of earnings does not result from the disability due to the exposure. The board or referee to whom any such petition has been assigned may subpoena witnesses, hear evidence, make findings of fact, and award, or dis allow compensation in the same manner and with the same effect and subject to the same right of appeal, as if such petition were an original claim petition. The filing of a petition to terminate or modify a compensation agreement or award as provided in this section shall operate as a supersedeas, and shall suspend the payment of compensation fixed in the agreement or by the award in whole, or to such extent as the facts alleged in the petition would if proved, require. Section 414. Whenever a claim petition or other petition is presented to the board, the board shall, by general rules or special order, either direct it to be heard by one or more members of the board or assign it to a referee for hearing: Provided, however, That petitions presented under sections four hundred and eleven and four hundred and twelve shall be heard by one or more members of the board. The department shall serve upon each adverse party a copy of the petition, together with a notice that such petition will be heard by the board or the referee to whom it has been assigned (giving his name and address), as the case may be, and, if the petition shall have been assigned to a referee, shall mail the original petition to such referee, together with copies of the notices served upon the adverse parties. Section 415. At any time before an award or disallowance of compensa tion or order has been made by a referee to whom a petition has been assigned, the board may order such petition heard before it or one or more of its members or may reassign it to any. other referee. Unless the board shall otherwise order, the testimony taken before the original referee shall be con sidered as though taken before the board or substituted referee. Section 416. Within twenty days after a copy of any petition has been served upon any adverse party, he may file with the secretary of the board if the petition has been directed to be heard by the board, or with the referee if the petition has been assigned to a referee, an answer in the form prescribed by the board. Every fact alleged in a claim petition not specifically denied by an answer so filed by an adverse party shall be deemed to be admitted by him. But the failure of any adverse party, or of all of them, to deny a fact so alleged shall not preclude the board or referee before whom the petition is heard from requiring, of its or his own motion, proof of such fact Section 417. As soon as may be after the twelfth day after notice that a As amended bj Act No, 355, Lavs o( 1955, effective Match 39, 1956. 127