Practice Areas
Blog 
- Workplace Injury and Litigation Group Passes Resolution denouncing the AMA 6th Medical Guidelines
- AMA Defeated in NY, at least for now!
- NYC Hosts "Construction Safety Week"
- Doctors to Employers: Stop Downplaying Workers' Injuries!
- TOTAL INDUSTRIAL DISABILITY AND THE NEW YORK WORKERS COMPENSATION BOARD
- Injured Workers Will Suffer Again!
- How Many Workers' Comp Insurers Were Lying to Regulators?
- 149 Busted for Workers' Comp Fraud in 2007
- Thanks to Workers Compensation Alliance for showing us the real face behind the Spitzer Administration
- 450,000 New Yorkers Might Miss Tax Rebate Check
News
- Worker Hospitalized as Race Course Barn Collapses
- Construction Worker Dies in 30 Foot Fall From Scaffold
- NYC Steel Worker Critically Injured in Fall
- NYC Buildings Commissioner Resigns After Criticism
- NYC's Mayor Bloomberg Examining Buildings Department After Deaths
- Manhattan Construction Worker Falls to His Death
- Impairment v. Disability, an Interview on the AMA!
- New York Dept. of Transportation Worker Crushed by Platform
- New York Bakery Told to Shut Down Over Workers' Comp Violations
- Multiple Self-Insured Workers' Compensation Trusts Shut Down by Workers Compensation Board!
Library
New York State Workers’ Compensation
- How much can you be reimbursed for mileage in workers' compensation case?
- 2007 Workers' Compensation - Effective Dates of Statutory Changes
- Benefits Available to Injured NY Workers
- Why Can't I Just Sue My Employer?
- CASE LAW: FACTORS FOR A FINDING OF TOTAL INDUSTRIAL DISABILITY IN WORKERS COMPENSATION
Social Security Disability
- How Social Security Makes Eligibility Determinations
- Ticket to Work: A Social Security Work Incentive Program
- My Social Security Claim Was Denied. Now What?
Supplemental Security Income
Federal Workers’ Compensation
- Federal Employees' CompensationAct
- Who is Covered Under FECA?
- Longshore & Harbor Workers' Compensation Act
- Appeals Process: Federal Workers' Compensation
Forms
Appeals Process: Federal Workers' Compensation
Injured workers who are unhappy with the decision of the Office of Workers’ Compensation Programs in their initial case may file an appeal with the Employees’ Compensation Appeals Board. To have your case heard by the appeals board, you don’t have to have “lost” in the sense that your entire claim for benefits was denied. Anyone with a final judgment from the OWCP may appeal their decision. So if you believe that you are fully disabled, but were only given compensation for partial disability, you may file an appeal with the ECAB within 90 days of receiving your judgment.
Appellate Review
When the Employees’ Compensation Appeals Board listens to your case, their review is limited to the evidence that was admitted into the record at the time of your initial review. This means that any evidence that has arisen or was otherwise not included in the first hearing will not be admitted in front of the appeals board.
Some appeals are handled entirely on paper and some involve oral arguments. Oral arguments are granted in any case in which the injured worker or the Director of OWCP requests one. All oral arguments take place in Washington, D.C. The oral arguments are relatively informal. The injured worker or his attorney makes an opening statement, which is followed by a statement from the representative from OWCP. The appealing worker is then entitled to make a rebuttal argument. There is no testimony or interrogation of witnesses at the appellate level.
A panel of three Board members then review the record and drafts a written opinion for each case. The written decision reflects the relevant facts and conclusions that the Board considered in reaching their decision.
Petition for Reconsideration
If you are still dissatisfied after the appellate board reaches their decision, you may file a petition for reconsideration. This must be filed within 30 days of the Board’s decision and must set forth the error(s) of fact or law that you believe the Board has made. The ECAB has discretion on whether or not to reconsider their opinion, but failure to file the petition for reconsideration means that you accept the Board’s judgment. There is no process for appealing to a court.
Ask an Attorney
Markhoff & Mittman, P.C.
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Markhoff & Mittman, P.C.
Main Office
14 Mamaroneck Avenue
Suite 400
White Plains, NY 10601
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax: (914) 946-0810
Long Island Office
1778 Hempstead Turnpike
East Meadow, NY 11554
Toll Free: (866) 205-2415
Phone: (914) 946-1452
Fax (516) 222-2292
New York City
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