Matter of Price v. Premium Brands Opco, LLC

Summary

The Appellate Division, Third Department, held that the Workers’ Compensation Board improperly denied a claimant’s application for review based on inadvertent omissions in Form RB-89. Applying Workers’ Compensation Law § 23-a, the court reversed the Board’s June 5, 2025 decision and remitted the matter for further proceedings, while dismissing as academic the appeal from the denial of reconsideration or full Board review.

Holdings

1. Technical mistakes, omissions, defects, or irregularities in a form RB-89 accompanying an application for administrative review cannot serve as grounds for denying the application when the claimant otherwise satisfied the filing and service requirements and the omissions did not affect the substantial rights of the parties. The Board's contrary denial violated Workers' Compensation Law § 23-a and constituted an abuse of discretion.
2. The appeal from the Board's decision denying reconsideration and/or full Board review was rendered academic by reversal of the underlying denial and was properly dismissed.

Questions Presented

1. Whether the Workers' Compensation Board could deny review based on technical omissions in form RB-89 when the claimant timely filed and served the application and the omissions did not prejudice the opposing parties.
2. Whether the appeal from the Board's denial of reconsideration and/or full Board review remained justiciable after reversal of the underlying denial.

Disposition

reversed_and_remanded