Two attorneys cover the fundamentals of appeals from Board decisions. Presenters Declan Gourley and Joseph Melchionne have years of experience representing employers and carriers before the Board. The presentation is designed to help the attendee answer the following questions:
- “Should we appeal the Law Judge’s Decision in a workers’ compensation claim?” and
- “Does filing the appeal create a stay?” and
- “What are the tactical reasons for appealing the Law Judge?”
- “What will the appeal cost?”
At the end of the presentation, the attendees will have a basic understanding of the appeals process, tactical aspects of appeals (stays), and the costs of the various types of appeals available.
Subject: New York, Workers’ Compensation Law, Appeals
Date Presented: February 20, 2017
Presenter(s): Declan Gourley, Esq. and Joseph Melchionne, Esq.
Run time: 16:05 Continue reading Video: Appeals of New York Workers’ Compensation Board Decisions
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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