Were the Workers' Compensation Board (WCB) rulings denying my Article 8-A claim and RB-89 rehearing request arbitrary, capricious and an abuse of discretion?

QUESTIONS PRESENTED 1. Were the Workers’ Compensation Board (WCB) rulings denying my Article 8-A claim and RB-89 rehearing request, arbitrary, capricious and an abuse of discretion? Answer: Yes. 2. Does the 96 year old Workers’ Compensation Law (WCL) § 123 law with its 7 year limit from the “date of accident”, conflict with the intent of the New York State Legislature for the new Article 8-A laws because the “date of accident” for claimants is 2001-2002, which is 17 years ago? Does this violate Equal Protection and Due Process rights of all Article 8-A claimants because it prevents RB-89 rehearing approvals even before any Article 8-A claims are filed? Answer: Yes. 3, Is it a violation of the US Constitution, Separation of Powers, for the WCB to change the Article 8-A law (and intent of the Legislature) by adding “Ground Zero” and “affiliated with an authorized entity or agency” restrictions? Answer: Yes. 4. Did the WCB court violate the clear wording and intent of the Article 8-A law by adding “Ground Zero” and “affiliated with an authorized entity or agency” requirements to make it very restrictive for some 9-11 workers? Answer: Yes. ; 5. Did the WCB violate Stare Decisis by ignoring violations of the Constitution in their ruling to deny my Article 8-A claim and my RB-89 rehearing request? Answer: Yes. ; 6. Did the WCB ruling denying my RB-89 rehearing request ignore violations of the Constitution in their prior rulings for my court case? Is this similar to the legal concept of using “Fruit of the Poisonous Tree”? Answer: Yes. 7. Did the WCB abuse their discretion and violate my Equal Protection and Due — Process rights when they prevented me from submitting additional evidence and documentation for my RB-89 request for a rehearing? Answer: Yes. 8. Did the WCB violate my Equal Protection and Due Process rights by refusing to process and give judicial review for my Article 8-A Volunteer work and my WTCvol-3 : form? Answer: Yes. 9. Did the WCB violate my Equal Protection and Due Process rights when they ignored WCL § 165 when ruling to deny my RB-89 request? Answer: Yes. 10. Did the WCB decision denying my RB-89 request forget to state any date of disablement as required by WCL § 164? Does this violate my Equal Protection and Due Process rights? Answer: Yes. Page 8 of 55 11. Does WCL § 1 et seq. require that presumptions of laws operate in favor of the claimant? Did the WCB not do this for my claim which then violates my Equal Protection and Due Process rights? Answer: Yes. 12. Did the WCB violate the NY Supreme Court rulings that state the Board is obligated to assess the “prejudice to the claimant” which would have inured if the case were “closed”? Answer: Yes. 13. Did the WCB violate “Intelligent & Meaningful Judicial Review” in their ruling to deny my RB-89 request? Answer: Yes. 14. Is the intent of the NY Legislature to allow anyone denied in the past under the old Article 8-A laws, to now be given the opportunity of judicial review under the new amended law? Answer: Yes. 15. Since my prior appeals were determined to be filed as “untimely” by the NY Supreme Court and the NY Court of Appeals, then is it true that my Article 8-A claim was never “truly closed”? Answer: Yes. 16. Did the New York Appellate Courts fail to follow the requirements for a review court as stated in U.S. Code § 706: Scope of Review and (1)(2)(8) of 5 U.S.C.S. § 7703(c)? Answer: Yes. , 17. Did the New York Appellate Courts fail to follow the requirements for a review court as stated in the Constitutional-Fact Doctrine? Answer: Yes. 18. Did the New York Appellate Courts improperly give Chevron deference, Auer deference, and/or Skidmore deference to the administrative actions of the Workers’ Compensation Board rulings for my case? Answer: Yes. 19. Is the United State Constitution the key that opens the door that has been hidden and shut for 18 years? Answer: Yes. a. That door has blocked many 9-11 injured workers and volunteers from getting the help t