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Application for a Full Board Review Must Be Considered by a Panel of At Least Three Members of the Workers’ Compensation Board

The Third Department noted that an application for a full Board review must be considered by a panel of at least three members of the Workers’ Compensation Board:

Applications for Board review are to be considered by a panel of at least three members and may not be decided by the chair, or any other single member of the Board, alone (see Workers’ Compensation Law §§ 23, 142 [2]…).  The record before us provides no indication that the application for reconsideration and/or full Board review was considered by a three-member panel.  Rather, the decision appears to have been made solely by the chair “on behalf of the Board.”  Accordingly, this matter must be remitted to the Board for proper consideration of the application by a panel of the Board consisting of not less than three members… . Matter of Scalo v CD Perry & Sons Inc…, 514342, 3rd Dept 12-12-13

 

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