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Worker's Compensation: How many times can I appeal to Full Board Review, if the Full Board denies?

Flushing, NY |

I lost the case for the Memorandum of Board Panel Decision, so I 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?

Attorney Answers 3


Generally, once the Full Board has ruled you have no remedy left unless you made a timely Appeal to the Appellate Division of the New York Supreme Court 3rd Department in Albany New York. If you did file a Notice of Appeal you need to complete the process within the time lines so the court may rule.

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.

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In the past, the client had lawyers for this case, and when he lost in the decision of the Memorandum of Board Panel, the lawyers stopped representing him. So the client started to search for lawyers. A new, different lawyer told him that there’s a chance the case could be overturned, but since there had in the past been lawyers, the money will be split up between more lawyers. Therefore, the new lawyer will not benefit much, so the new lawyer decided not to take on the case. It is hard to find a lawyer willing to take on this case, so is there a way to get the past lawyers to withdraw from the case, and not be shared the money?


If you lost before the Board you can appeal to the Appellate Division, Third Department.

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 Madam or Sir:

I think this was just answered.

You have 30 days from the Denial of Full Board Review to file a Notice of Appeal to the Appellate Division but you are unlikely to succeed.

You never gave any facts. If you have NEW EVIDENCE that was not considered by the Board Panel, you can always apply to the Board Panel that ruled against you with the NEW EVIDENCE but you must explain why that evidence was not available before.

good luck

Leonard Feld

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

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