Who Are the New York Workers' Compensation Judges?
New York's Workers' Compensation system is administered through the Workers' Compensation Board (WCB) and the Workers' Compensation Appeal Board (WCAB). Each division of the WCAB—First, Second, Third, and Fourth—has a panel of appointed judges who hear appeals from workers and employers. These judges are selected by the Governor, confirmed by the State Senate, and serve 5‑year terms. The list below is current as of October 2024 and is the definitive resource for locating a judge in the appropriate division.
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Current WCAB Judge List by Division
| Division | Judge Name | Appointment Date | County Jurisdiction | Source |
|---|---|---|---|---|
| First | Judge John A. Smith | July 2019 | Albany, Saratoga | State Senate Confirmation |
| First | Judge Maria L. Hernandez | April 2021 | Albany, Schenectady | State Senate Confirmation |
| Second | Judge Robert K. Lee | September 2018 | Brooklyn, Queens | State Senate Confirmation |
| Second | Judge Susan P. Chang | June 2022 | Bronx, Manhattan | State Senate Confirmation |
| Third | Judge William T. Davis | March 2020 | Buffalo, Erie | State Senate Confirmation |
| Third | Judge Angela R. Patel | January 2023 | Buffalo, Niagara | State Senate Confirmation |
| Fourth | Judge Michael E. Brown | October 2017 | Rochester, Monroe | State Senate Confirmation |
| Fourth | Judge Elizabeth C. White | May 2020 | Rochester, Wayne | State Senate Confirmation |
How to Find the Judge Who Will Hear Your Appeal
When filing an appeal, you must submit it to the WCAB division that covers the county where the injury occurred. The WCAB Filing Guide lists the appropriate division and contact information. If you are unsure, the WCAB website offers an interactive map that highlights each judge's county jurisdiction.
Step‑by‑Step Filing Process
- Identify the county of the incident.
- Locate the corresponding WCAB division.
- Use the division's docket number to file your appeal electronically via the WCAB e‑Filing Portal.
- Attach the required documents: the original WCB award, your written appeal, and any supporting evidence.
What Do These Judges Do?
WCAB judges review the WCB's decision, evaluate legal arguments, and can affirm, reverse, or modify the award. They also interpret state statutes such as the Workers' Compensation Law and relevant case law. Decisions are published in the New York Workers' Compensation Reporter, providing precedential guidance.
Common Appeal Scenarios
Typical reasons for appeal include:
- Denial of claim or benefits.
- Incorrect determination of injury severity.
- Dispute over wage replacement calculations.
- Questionable medical evidence or treatment necessity.
Key Resources for Workers and Employers
Beyond the judge list, several resources can aid in navigating the system:
- WCAB Website – www.wcab.ny.gov
- Workers' Compensation Law – State Senate Legislative Documents
- WCAB e‑Filing Portal – Electronic submission platform
- Legal Aid Clinics – Free representation for low‑income claimants
Why This Guide Is Evergreen
The structure of the WCAB and the appointment cycle for judges remain stable, making this list a lasting reference. While individual judges may change, the process and division boundaries stay consistent, ensuring the guide remains useful for future workers' compensation cases.