Matter of Abdiyev v. Eagle Container Corp.

Summary

The New York Appellate Division, Third Department, affirmed a Workers' Compensation Board decision denying review of a Workers' Compensation Law Judge's decision disallowing the claimant's injury claim. The court held that the Board's regulation requiring a specific objection or exception to be raised before the Workers' Compensation Law Judge was not inconsistent with Workers' Compensation Law § 23, and that the Board did not abuse its discretion in denying review because no objection or exception was made at the hearing.

Holdings

1. The regulation is not inconsistent with Workers' Compensation Law § 23 because section 23's provision that exceptions to Board rulings need not be filed concerns appeals from Board decisions to the Appellate Division and Court of Appeals, not applications to the Board for review of a WCLJ decision.
2. The Workers' Compensation Board did not abuse its discretion by declining to review the WCLJ's decision because claimant failed to interpose a specific objection or exception at the hearing as required by the regulation.

Questions Presented

1. Whether 12 NYCRR 300.13 (b) (4) (v), which permits the Workers' Compensation Board to deny review when an appellant failed to interpose a specific objection or exception to a WCLJ ruling, is inconsistent with Workers' Compensation Law § 23.
2. Whether the Workers' Compensation Board abused its discretion by denying administrative review because claimant failed to raise a specific objection or exception at the hearing.

Disposition

affirmed