Board Bulletins and Subject Numbers

November 23, 2018

I am pleased to announce that the number of undecided workers’ compensation appeals continues to decline. As of November 1, 2018, there were only 3,927 applications for administrative review waiting to be decided, and 92% were decided in less than six months. The prompt processing of appeals aids both workers and employers by more quickly making benefits and treatments available and lowering litigation costs. The Board continues to strive to resolve all appeals in less than six months.

When parties properly complete the Application for Board Review or Application for Reconsideration/Full Board Review, it aids the responding party in identifying the exact issues, grounds and evidence used in support of the application and crafting a timely and effective rebuttal. A complete application or rebuttal also aids the Board in timely and effectively reviewing the application or rebuttal so the appeal is resolved quickly.

To aid parties in properly completing applications and rebuttals, and to eliminate any possible confusion, the Board has revised the Application for Board Review (Form RB-89), Rebuttal of Application for Board Review (Form RB-89.1), Application for Reconsideration/Full Board Review (Form RB-89.2), and Rebuttal of Application for Reconsideration/Full Board Review (Form RB-89.3) to add clarifying information to the instructions.

• Item 15 of Form RB-89 and Item 16 of Form RB-89.1 have been clarified to state that the date when the objection or exception was interposed must be listed. 12 NYCRR 300.13(b)(2)(ii)
• Forms RB-89.2 and RB-89.3 have been revised to clarify that the forms are not coversheets but the actual Application for Reconsideration/Full Board Review and Rebuttal of Application for Reconsideration/Full Board Review.

Finally, to provide additional support to all parties, the Board has prepared a Guidance Document on the Proper Application of Board Rule 300.13. The document sets forth the existing rules and the correct completion of Items 11 through 15 on Form RB-89, and Items 13 through 15 on Form RB-89.2. A companion document titled, Supplement: Decisional Examples, provides examples, item by item, as to how these rules are applied.

The Board will continue to accept the prior version of the form (01-18) until February 1, 2019. After that date, any prior version of the application form shall not be considered to be in the format prescribed by the Chair, and will be subject to denial of review.