Date: March 26, 2010
Beginning in March 2010, the Workers' Compensation Board will publish Mandatory Full Board Memoranda of Decision (MODs) every month on its website, www.wcb.ny.gov. Additionally, the Board will include, from time to time, a select group of Board Panel MODs of interest.
This new feature can be found by clicking on the following link: http://www.wcb.ny.gov/content/main/wclaws/decisions.jsp
The MODs will be identified by employer name, WCB number, date of filing, and the issue. No individually identifiable claimant information will appear and names of witnesses, other than medical witnesses, will be redacted to protect the privacy of claimants and private citizens.
The Board will continue to make all filed MODs available for publication with legal publishers such as Lexis/Nexis, Westlaw, LRP Publications, and Matthew Bender. The Board is simultaneously publishing these MODs on the Board's web page as a service to injured workers, employers, insurers, and the general public.
The Board's MOD web-page feature is not designed as a substitute for comprehensive legal research. The Board's web-page does not contain all MODs and is not equipped with an index or search feature. The Mandatory Full Board MODs will be available for 12 months, and then archived. Decisions from Board Panels will be removed from the web page at the Board's discretion.
MODs should be cited in accordance with existing rules, which reference the employer's name as the case name. The preferred citation format for Board Panel MODs is the NY Workers' Compensation Law Reporter cite, when available:
Matter of Employer Name, 2010 NY Wrk Comp 11111111
For a second citation to the same decision, use:
Employer Name, 2010 NY Wrk Comp 11111111
As an alternative citation format, one can reference the employer name, WCB Case Number, and date of MOD filing, as described in Subject Number 046-110 issued September 5, 2002:
Matter of Employer Name, WCB No. 11111111 (March 22, 2010).
If using a publisher other than the NY Workers' Compensation Law Reporter, follow the same general guidelines suggested above.
Robert E. Beloten