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Workers’ Compensation Board

New York State
Workers' Compensation Board
328 State Street  Schenectady, New York 12305
Governor David A. Paterson

Subject No. 046-233

Modifications to Forms RB-89, Application For Board Review and RB-89.1,
Rebuttal of Application For Board Review

New Board Forms RB-89.2, Application For Full Board Review and RB-89.3,
Rebuttal of Application For Full Board Review

Date: December 1, 2008

In an effort to expedite consideration of applications for administrative review of a Notice of Decision filed by a Workers' Compensation Law Judge (WCL § 23 and 12 NYCRR 300.13), a Memorandum of Decision filed by Board Panel of three Commissioners (WCL §§ 23 and 142[2]), or an application for Rehearing or Reopening of a claim (12 NYCRR 300.14), the Board has reengineered its Office of Appeals. It is now called the Administrative Review Division and is under the auspices of the Board's General Counsel. Also reporting directly to the General Counsel are the Board's Legal Affairs Division and the Adjudication Division. This reorganization will enhance the Board's commitment to issuing decisions that are current, clear, concise, and consistent.

As part of its reengineering, the Board has modified Forms RB-89 and RB-89.1 so that they can be processed more quickly and the issues and necessary documents in the record on review identified more accurately. If minutes of hearings are germane to the issues raised but have not been transcribed, that must be indicated so that the Board can have them transcribed immediately. If an additional attorney's fee is requested with the application, Form OC-400.1 must be attached and properly served on the parties. If the carrier has filed the application, an updated Form C-8/8.6 must be filed with the application. This will clarify for the parties what compensation payments have been paid and what has been withheld pending the application for review of a WCL Judge's decision.

Additionally, the Board has created two new forms, RB-89.2 (Application for Full Board Review) and RB-89.3 (Rebuttal of Application for Full Board Review), so that applications for review of a Board Panel Memorandum of Decision can likewise be processed expeditiously.

The new and revised forms are effective immediately and are available on the Board's website at: Common Forms. The Board seeks the cooperation of all parties in its reengineering efforts and asks that they utilize these forms as quickly as possible. After December 31, 2008, the Board will only accept the new and revised forms.


Zachary S. Weiss