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Do I still have a chance for my Worker's Compensation case?

Flushing, NY |

I lost in the Memorandum of Board Panel Decision. Is there a way to appeal?

Attorney Answers 4


  1. Yes you may Appeal to the Full Board and/or to the New York Supreme Court Appellate Division in Albany NY. Your chance of success is depended on whether or not the dispute was on of fact or law,. The time period to Appeal is short Thirty days (30) from the date of decision.

    Please remember the answer to this question is in general and without knowledge to the specific facts of your case. You should not rely on this answer when making important life decisions and seek a legal opinion based on your particular facts and circumstances.


  2. You can appeal but you have a small timeframe to do it.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. You can appeal from a Board Panel Decision to the Appellate Division, 3rd Dep't. of the Supreme Court of the State of New York. You have 30 days from the filing date of the Notice of Board Panel Decision to file your Notice of Appeal. However, if your issue is one of credibility of witnesses, the Court will likely not entertain your appeal. They will consider errors of law.. The other possibility is a Request to the Workers' Compensation Board for Full Board Review. This request must also be filed within 30 days of the filing date of the Notice of Board Panel Decision. If the Board Panel Decision was unanimous, they do not have to grant Full Board Review and it is discretionary. If there was a dissent in the Board Panel Decision, they must grant Full Board Review. You may file for one or both of these alternatives simultaneously. Good luck.

    ALAN S. KATKIN
    ATTORNEY AT LAW
    1500 HYLAN BLVD
    STATEN ISLAND, NY 10305
    PHONE: 718-987-5500
    FAX: 718-980-1745
    E-MAIL: akatkin@askalanlaw.com

    This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.


  4. Appeal, but hurry

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