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.