The Board has announced that when filing a request for Board Review (appeal), or filing a rebuttal to a request for Board Review you must use their newly modified forms.The cover letter now requires a party to indicate if an exception was noted to the finding which is the basis for your appeal.
You must use the new RB-89 and RB-89.1 by February 1, 2016. Old forms will not be accepted by the Board. According to the Board, if you submit your appeal or rebuttal with the old forms after February 1, 2016 they will not review the case or review the rebuttal.
According to the announcement made Friday on the NY WC Board website:
The forms no longer include a list of issues. Instead, the party must clearly specify the specific issue or issues for review, and they must correlate to the specific grounds addressed in the application. The form requires the identification of the dates of the hearings where the issue(s) was addressed and the dates and document ID numbers of relevant transcripts and exhibits. It is not sufficient to leave this section blank or identify the entire case file. The form requires the applicant to specify the objection or exception that was interposed to a ruling and when it was interposed. Information regarding the suspension of indemnity benefits, whether in whole or part, must be provided. Failure to complete all sections of the cover sheet forms (RB-89 or RB-89.1) may result in a Board Panel denying review.
All applications and rebuttals must be filed with the Board using the Board’s mailing address (P.O. Box 5205, Binghamton, NY 13902-5205), centralized fax number for claims (1-877-533-0337), or the Board’s email address for claims (wcbclaimsfiling@wcb.ny.gov).
The modified forms are available on the Board website:
