Matter of Raissi v Entertainment Partners

Holding The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s application for reconsideration and full Board review. The court determined that the claimant failed to demonstrate newly discovered evidence or a material change in condition, rendering the denial not arbitrary or capricious.

The court’s words

our inquiry is limited to whether the Board's denial of claimant's application was arbitrary and capricious or otherwise constituted an abuse of discretion

2026 NY Slip Op 06496, at the official text

claimant must demonstrate that newly discovered evidence exists, that there has been a material change in condition, or that the Board improperly failed to consider the issues raised in the application for review in making its initial determination

2026 NY Slip Op 06496, at the official text

we cannot say that denial of his application for reconsideration and/or full Board review was arbitrary and capricious or an abuse of discretion

2026 NY Slip Op 06496, at the official text