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Workers' Compensation Board

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Process


  1. Initiate VBR Process
  2. Complete Form VBR-1, Single or Jointly
  3. Submit via eFax, email or Web Upload with Full Copy of RB-89 Attached
  4. Board Review for Eligibility and Completeness
  5. WCB Provides Outreach to Opposing Party if Single Submission
  6. 15 Days to Respond
  7. Opposing Party Agrees and Submits Form VBR-1 via eFax, email or Web Upload
  8. Board Advises All Parties to Proceed with Parameters of Acceptance (Form VBR-2)
  9. 30 Days for Submission
  10. Board Review for Completeness
  11. Board Issues Proposed Decision (VBR-3) - Notice of Approval for Parameters of Acceptance §32
  12. 10-Day Cooling Off Period
  13. Board Issues VBR-4 Resolution - Voluntary Binding Review Determination of Compensation
  14. End

If at any point a party (ies) either does not respond or requests to withdraw from the The Voluntary Binding Review (VBR) process, or the terms of the agreement do not meet the eligibility requirements, the Board will send a notification that the Board Review process (review of RB-89) will continue.

Eligibility Criteria


  • An appeal of a Workers' Compensation Law Judge (WCLJ) decision must exist (RB-89).
  • The appealable issue(s) must involve a determination of compensation (Apportionment, Degree of Disability, Death Benefits, Average Weekly Wage, Disability Benefits, etc.)
  • All submissions must be received by the Board via email, eFax or Web Upload.
  • All Claimants must be legally represented.
  • The case is not an Uninsured Employer Fund (UEF) case.
  • The case has not progressed to a point in the RB-89 process which would render it unsuitable for VBR resolution.

Steps


All documents must be submitted to the Board via:

  1. One or more parties complete and sign the Application for Voluntary Binding Review (VBR-1).
  2. Party (ies) submit both VBR-1 form and copy of completed Application for Board Review (RB-89), which has been duly filed with the Board. (Note: The submission of a completed RB-89 form with the VBR-1 form does not constitute proper filing of the RB-89).
  3. Board reviews VBR-1 form for eligibility and completeness.
  4. If only one interested party applies for VBR, the opposing party will be sent the VBR-1 form to accept or decline the initiating party's request to have the dispute resolved using the VBR process.
  5. If opposing party accepts, signed VBR-1 form is submitted to the Board within 15 days.
  6. Board directs parties to complete a mutually negotiated Parameters of Acceptance Agreement (VBR-2), setting forth the parameters of acceptable resolution of the issue, and submit to the Board within 30 days.
  7. Board reviews the agreement for completeness and all VBR-related documents in the case folder to ensure all requirements have been met.
  8. Board issues a Proposed Decision - Notice of Approval for Parameters of Acceptance §32 (VBR-3).
  9. Within 10 days of issued VBR-3 form, either party may submit a written request to the Board requesting the agreement be disapproved.
  10. After 10 day waiting period, Board issues Determination of Compensation (VBR-4 Resolution).
  11. This decision is final and conclusive, binding on all parties of interest, and will not be appealable pursuant to WCL section 23 and, therefore, cannot be appealed to the Board or the Courts.

If you have a question or would like additional information about Voluntary Binding Review, please email vbr@wcb.ny.gov