<The Authority of Non-Attorney Commissioners in New York Workers' Compensation>
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In 1945, Governor Dewey permitted non-attorney commissioners at the New York State Workers' Compensation Board (NYS WCB) to examine and overturn decisions made by judges. This shift raised significant concerns about the qualifications necessary for those wielding such power.
In 2013, Governor Cuomo followed suit by allowing a nurse to assess and subsequently deny my request for a Full Board Review regarding a judge's decision. This practice is arguably unconstitutional and unethical, as it undermines the integrity of judicial processes.
One key issue is that individuals who are not attorneys, yet serve as officers or employees of the Workers' Compensation Board, are performing judicial functions that could be perceived as a violation of ethical standards.
The lack of oversight from the presiding justices of the four Appellate Divisions during the appointments made by Governors Dewey, Pataki, and Cuomo raises further questions about accountability and the legal framework governing these decisions.
Why did these governors, all of whom are lawyers, choose to appoint non-attorneys to positions that enable them to "practice law" by reviewing and rescinding judicial decisions? This pattern of appointments can lead to questions about the effectiveness and fairness of the Workers' Compensation system in New York.
In conclusion, the practice of allowing non-attorneys to review and overturn judicial decisions in the Workers' Compensation Board illustrates a significant departure from standard legal practices. It raises critical questions about the qualifications required for such roles and the potential consequences for those involved in the legal system.
The implications of these practices extend beyond individual cases to the broader integrity of the judicial system and the rights of claimants seeking justice.