appeals

New York Workers’ Compensation Board Adopts New Rules For Appeals

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The New York Workers’ Compensation Board has adopted new regulations for Administrative Review, Full Board Review, and Applications for Reconsideration. The new regulations affect all appeals at the Board level.

The regulations were detailed in a Board Bulletin issued last week. The new regulations affect the format of the appeal briefs, page length of the appeal briefs, methods of filing your appeal with the Board, and reasons for Board denial of a request for review.

The Board has again modified the cover pages that must be used when filing an appeal, a rebuttal, or a request for full Board review. The new forms are available directly on the Board website; Application For Board Review (Form RB-89) and Rebuttal of Application for Board Review (Form RB-89.1). After December 1, 2016, the Board will only accept the modified forms. The Board has made it clear that appeals and rebuttals submitted on the old forms after December 1, 2016 will not be reviewed.

The new regulations limit the page length of an appeal brief. According to the Bulletin:

The Board may deny applications when the brief exceeds eight pages, unless the appellant specifies in writing why the legal argument could not have been made within the eight-page limit. In those cases, the brief can be no longer than 15 pages.

The modified cover pages (RB-89, RB-89.1), specify the criteria for margin and font size for legal briefs.

The full text of the new §300.13 can be found here.

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New York Workers’ Compensation Board Changes Address for Service of a Notice of Appeal

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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 12305

Service 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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