Matter of the Claim of David Sylvester v. Department of Corrections and Community Supervision et al.

Summary

The Appellate Division, Third Department, affirmed the Workers' Compensation Board's denial of David Sylvester's application for reconsideration and/or full Board review. The court held that Sylvester had not demonstrated newly discovered evidence, a material change in condition, or the Board's failure to consider the relevant issues, and therefore the Board's denial was neither arbitrary and capricious nor an abuse of discretion.

Holdings

1. When a claimant appeals only from the Workers' Compensation Board's denial of reconsideration and/or full Board review, the merits of the Board's underlying decision are not properly before the Appellate Division.
2. An applicant seeking reconsideration and/or full Workers' Compensation Board review must demonstrate newly discovered evidence, a material change in condition, or that the Board improperly failed to consider issues raised in the application for review.
3. The Workers' Compensation Board did not abuse its discretion or act arbitrarily and capriciously in denying claimant's application for reconsideration and/or full Board review.

Questions Presented

1. Whether the Workers' Compensation Board abused its discretion or acted arbitrarily and capriciously in denying claimant's application for reconsideration and/or full Board review.
2. Whether the merits of the Board's prior decision concerning the 40% schedule loss of use and the carrier's credit were properly before the Appellate Division when claimant appealed only from the denial of reconsideration and/or full Board review.

Disposition

affirmed