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Who has jurisdiction over a compensation case?

April 5, 2012

In New York State , the WCL is the statute that gives exclusive jurisdiction over all workers’ compensation cases to the Workers’ Compensation Board. No civil court has the legal right ( jurisdiction)  to determines the rights and responsibilities of the parties under or out of the the work place setting. In fact,  case law requires such other legal bodies and courts to defer to the interpretations of the WCB unless a specific issue  or claim is appealed to the Appellate Division of the New York Supreme Court , Third Department. These other bodies lack authority over these matters and any action to bring review before them are subject to dismissal for lack of subject matter jurisdiction. This is known as exclusivity of jurisdiction. In its’ simplest form,  parties to the workers’ compensation case are the claimant, ( injured worker) and usually the employer who are permitted to obtain legal representatives to appear and represent their issues before the WCB. Additional parties may also be added,  as required,  due to complexity of issues presented.

 

Eliot S. Levine & Associates
Attorneys at Law

1455 Veterans Highway
Hauppauge, New York  11749
Telephone: (631) 234-5484
Fax: (631) 234-5561
Email: e.levine@redsail2.com
www.LongIslandWorkers.com
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