Week Ending January 30, 2021
Good Afternoon All. This past week, the Workers' Compensation Board issued decisions touching on these subjects: (A) Incomplete Forms RB-89 In three decisions, the Board denied review of appeals due to several technicalities. One decision involved a notation in Box 15 stating the date that exception was noted, a detail the Board clarified some time ago, but not the exact ruling from which an exception was taken . Two others involved exceptions not being noted on the record itself, which remains fatal. The best practice now appears to be to ensure that exceptions are expressly noted on the record in response to every adverse ruling, and that it be stated with particularity what ruling an exception is being noted against, and specifically repeating this detail on Form RB-89. AMI Leasing 2021 WL 303751 (WCB 5020 5821 January 26, 2021) NYC Department of Corrections 2021 WL 303754 (WCB G077 9814 January 26, 2021)...