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Will posting a copy of the Memorandum of Board Panel Decision of the Workers' Compensation Board online cause any legal problem?

Flushing, NY |

I am a translator writing this because the client in this case does not speak English.

For the State of New York- Workers' Compensation Board, the Memorandum of Board Panel Decision, the client thinks the decision was unjust and unfair.

Because he lost the case, I want to help put it online in a website to help find lawyers willing to represent and appeal. Or at least get some thoughts and opinions.

Will putting a record of the Memorandum of Board Panel Decision online cause me any legal problems?

If there should be no problems, where do you suggest I post it?

Thank you.

Attorney Answers 3


There is a legal answer and a practical answer.

The legal answer is 'yes' because these proceedings are a matter of public record unless protected by disclosure by court order or statute. Your order is not so protected so you can post it online.

The practical answer is 'not really'. We really don't have a freedom of speech and court proceedings are not completely public. Errors and idiosyncracies in orders are not to be published. Public confidence would be undermined if a bad order was published so you shouldn't post it.

I would post everything. I would abolish confidentiality in all court proceedings on the notion that if people want to air their dirty laundry, anyone should be able to see it. I would post all orders and decisions of every court. To me, that's the First Amendment in action.

Good luck.

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I would not post it. A future employer may one day see it and decide not to hire the person.
Just use the Find A Lawyer tab on this web site to find a lawyer who handles workers' compensation appeals. Move quickly though as there are short deadlines.

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.

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Dear Translator in Flushing (my old home):

He has thirty (30) days to file an Appeal; he should use the RB-89 Cover sheet which can be downloaded from the Board's web site and enclose a LETTER explaining why the decision was wrong.

He does not have time for putting something on a web site and hoping someone will want to appeal. There are no legal problems in doing the posting.

He should contact lawyers who only do workers' compensation ASAP and show them the Decision. If one or two turn him down, it may be the Decision was correct. You haven't said anything about the decision or why he thinks it is wrong, so there is no way for us to tell.

Good Luck

Leonard Feld

The foregoing is based on the little information provided; additional facts may change the comments given.

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I had appealed within 30 days for Full Board review. Because I had no lawyer to represent me, the full board wrote a letter to deny my request for reconsideration. The application was denied by the Full Board. After that, is there another time limit to continue to appeal to Full Board?

Leonard Bernard Feld

Leonard Bernard Feld


Dear Madam or Sir: So, what you are saying that you have already lost in the Board Panel Decision and then you applied for Full Board Review and were denied again. If you filed a Notice of Appeal to express your intention to Appeal to the Appellate Division, 3rd Department within 30 days of the Board Panel Decision and/or if you filed a Notice of Appeal to the same Court within 30 days of the Denial of Full Board Review, then you can appeal to the Court. It sounds as if you missed both deadlines, so you are sunk. If you file an Appeal to the Court, you have to follow strict rules and it can be expensive. Ordinarily, the Court WILL NOT overturn a "Board Decision if you disagree with the FACTUAL resolution of the case. That is, even if the Board ignored evidence which would have supported a different decision, the Court will defer to the Board in their choice of what evidence to believe. This is a problem when injured workers try to navigate this area of law without a lawyer. Good Luck Leonard Feld

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