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