According to a Board Bulletin issued last week, Notices of Appeal must now be sent to the Board’s Schenectady office.
The Bulletin specifically notes:
Workers’ Compensation Board Rule 300.18(a) (12 NYCRR § 300.18[a]) provides that “. . . the original notice of appeal, with proof of service thereof, shall be served upon the office of the secretary of the board.”
Accordingly, the original Notice of Appeal should be served upon the Board’s Office of the Secretary, in-person or by mail, at the following address:
Office of the Secretary
NYS Workers’ Compensation Board
328 State Street
Schenectady, NY 12305Service of the original Notice of Appeal with proof of service on the Secretary at any other address will not be accepted. Service of additional copies of the Notice of Appeal on other offices of the Board will not be accepted, except for service on the Uninsured Employers Fund, Special Disability Fund, or the Reopened Case Fund when such Fund is a party to the case.
This is important for any party intending to file an appeal of a New York Workers’ Compensation Board decision to the Appellate Division. Appeals to the Appellate Division follow a timetable set forth in the court rules. Within 30 days of the issuance of a Board Panel decision, the party wishing to appeal must file a Notice of Appeal. Failure to send the Notice of Appeal to the new address could result in improper service and bar the party from pursuing the appeal.
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