If you were injured on the job and filed a workers’ compensation claim but your claim was denied, you may be concerned about your future. However, it is important to know that you do have options and have the opportunity to appeal your case.

You will have 30 days from the date of the initial denial to file a written appeal with the board panel. You will do so using Form RB-89. Your appeal will be reviewed by three members of the workers’ compensation board. They have the ability to either reject, change, or agree with the appeal. There are a number of different factors that you should be aware of if you are appealing the judge’s decision. First, you should be aware that both sides have the ability to appeal the judge’s decision. So, if you are initially granted workers’ compensation but then your insurance company decides to appeal the decision, you may be in trouble. It is important that you have the legal representation of an experienced workers’ compensation attorney to defend your rights.

Appeals will be to the 3rd Appellate Division of the New York Supreme Court. The court of appeals is the voice of authority in the workers’ compensation division. If there is a dissenting member of the panel, you have the right to a mandatory full board review. If not, you may be able to apply for a discretionary review of the Board’s decision.

If you want to file a workers’ compensation appeal, you should contact an experienced attorney who can provide you with assistance.


The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.