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

Asked 8 months ago - 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)

  1. William Ward Crossett

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . 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.... more
  2. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. Leonard Bernard Feld

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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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