Title: “Appeal of Board Panel Decisions in New York.”
Attorney Greg Lois leads a discussion on the technical and practical aspects of appeals of Board decisions in New York.
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All webinars begin with a 10-15 minute overview of a general topic, and then a Q & A session is held for the balance of the time. Questions can be on any topic in workers’ compensation law (not limited to the topic). Handout materials are provided in advance of each session.
Here is the post-webinar video from our most recent presentation, “Medicare Secondary Payer Issues in New Jersey Workers’ Compensation Cases” from our New Jersey workers’ compensation webinar training series.
Subject: New Jersey, Workers’ Compensation Law, Medicare Secondary Payer, Section 20, Conditional Payments
Date Presented: January 23, 2017
Presenter(s): Greg Lois, Esq.
Run time: 29:27 Continue reading Video: Medicare Secondary Payer Issues in New Jersey Section 20 Settlements
The New Jersey Workers Compensation Act recognizes three types of indemnity benefits: temporary disability, permanent disability and dependency benefits. For each of these benefits, the benefit rates will be determined based off of the petitioner’s wage rate or average weekly wage at the time of the loss. Therefore, in order to calculate the petitioner’s temporary disability benefit rate, it is important to first calculate the petitioner’s wage rate or average weekly wage.
The petitioner’s wage rate or average weekly wage is simply the amount of money the petitioner makes in an average work week. In New Jersey, when the petitioner’s wage rate varies from week to week, employers will use a 26 week or 6 month analysis to determine the petitioner’s average weekly wage rate for which the petitioner gets paid. Simply stated, an employer may add the petitioner’s last 26 weeks of wages together and divide that number by 26. For example, if the petitioner made $500.00 on odd weeks and $700.00 on even weeks, for 26 weeks, the petitioner would have an average weekly wage of $600.00. This was equated by adding together the 13 weeks of wages at $700.00 with the 13 weeks of wages at $500.00 and dividing that number by 26. Continue reading Calculating Temporary Disability Benefits in New Jersey Workers’ Compensation
The New York Workers’ Compensation Board has adopted new regulations for Administrative Review, Full Board Review, and Applications for Reconsideration. The new regulations affect all appeals at the Board level.
The regulations were detailed in a Board Bulletin issued last week. The new regulations affect the format of the appeal briefs, page length of the appeal briefs, methods of filing your appeal with the Board, and reasons for Board denial of a request for review.
The Board has again modified the cover pages that must be used when filing an appeal, a rebuttal, or a request for full Board review. The new forms are available directly on the Board website; Application For Board Review (Form RB-89) and Rebuttal of Application for Board Review (Form RB-89.1). After December 1, 2016, the Board will only accept the modified forms. The Board has made it clear that appeals and rebuttals submitted on the old forms after December 1, 2016 will not be reviewed.
The new regulations limit the page length of an appeal brief. According to the Bulletin:
The Board may deny applications when the brief exceeds eight pages, unless the appellant specifies in writing why the legal argument could not have been made within the eight-page limit. In those cases, the brief can be no longer than 15 pages.
The modified cover pages (RB-89, RB-89.1), specify the criteria for margin and font size for legal briefs.
The full text of the new §300.13 can be found here.
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