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Workers’ Compensation: Appeals and Rebuttals

Throughout a workers’ compensation claim, the law judge will make numerous decisions. However, not
all of these decisions will be agreeable to both sides. This typically leads to appeals and rebuttals.
An appeal is a request for three board members to review and reconsider a decision made by the law
judge. Appeals can be made by either side for a variety reasons, including denied claims, reduced
benefits, or disputed medical treatment. An “Application for Board Review” or RB-89 must be submitted
no later than 30 days after the judge’s Notice of Decision was submitted. Afterwards, the opposing side
has 30 days to submit their rebuttal.

The rebuttal typically challenges the evidence referenced in the appeal or argues the decision made by
the judge was appropriate. The form submitted is called a “Rebuttal of Application for Board Review” or
RB-89.1. Arguments submitted after the 30-day deadline might be seen as invalid by the Workers’
Compensation Board (WCB). After the board members review everything, they will submit a decision to
affirm, modify or reverse the law judge’s decision.

Personal injury claims follow a similar system for appeals. However, it’s important to note that an appeal
is not another chance to argue your personal injury case. Careful thought and consideration must go
into any decision to appeal. That’s why it’s always a smart idea to have a skilled attorney handle any
appeals and/or rebuttals for you.

The Licatesi Law Group has over 40 years of expertise assisting accident victims with their cases. If you
or a loved one were involved in a work-related accident, construction accident, motor vehicle accident,
medical malpractice, nursing home abuse, and more, let our law firm help. A free consultation with one
of our experienced accident attorneys may make a difference. Give us a call at (516) 227-2662.

Verdicts & Settlements

Over One Billion in Verdicts, Settlements and Awards for Our Clients

  • $8 Million

    Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation

  • $3 Million

    Infant plaintiff sustained encephalopathy as result of DPT vaccination administered by NYC Health and Hospitals Corporation.

  • $1.7 Million

    Plaintiff was involved in a car accident resulting in multiple disc herniations requiring percutaneous fluoroscopic-guided epidural treatment and lumbar fusion laminectomy.

  • $1.3 Million

    47 year old male police officer injured as a result of surgical malpractice by an orthopedic surgeon resulting in an inability to work and permanent impairment of gait.

  • $2 Million Dollar

    Wrongful death case settled at the Appellate level, 44-year-old husband and father drowned while swimming in a municipal pool.

  • $899,940.10

    69 year old female with underlying osteoporosis and preexisting spinal degeneration awarded as a result of a motor vehicle accident causing an acute T12 fracture of her spine.

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