On June 13, the 3rd Dept. released one workers’ compensation decision. In So v. Erin’s Pharmacy, CV-23-1738 (3rd Dept. 2024), the Court held that the Board’s rejection of an outdated RB-89 appeal form was a reversible error. Here, the claim involved a COVID-related illness. The Law Judge disallowed it, finding that there was insufficient proof of prevalence. The claimant appealed to the Board Panel. The claimant used a January 2018 version of the RB-89 form, but a November version replaced it. The claimant should have used the November version.

The Board Panel outright rejected the appeal based on the outdated form. The 3rd Dept. usually rubber stamps these administrative filing rulings but here the Court found that the only difference was the layout of the form, and an inconsequential change to a question about previously raised objections in the record. That was where the Court drew the line on what was justifiable enforcement of Board filing requirements.

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