Internet access during trial provides unfair advantage

The New York Workers’ Compensation Board allowed the State Insurance Fund to install a wireless network in the Syracuse office of the Board, enabling the Fund’s attorneys to access their files during proceedings before the Board. Other attorneys appearing before the Board were denied wireless Internet access. The Central New York Workers’ Compensation Bar Association, as well as a couple individual plaintiffs, filed suit against the Board, alleging that its policy to allow the Fund but not other attorneys access to a wireless network was arbitrary and capricious. The trial court agreed, and the decision was affirmed on appeal.

The court held that although the fund is an agency of the State, in litigation it is considered to be a separate entity. Thus, it is of the same status as any other litigant appearing in proceedings before the Board, and not entitled to special treatment.

In affirming that the Board had acted arbitrarily and capriciously by allowing Internet access to the Fund’s attorneys, the court found that:

“The wireless access sought by the Fund provides the Fund an unfair competitive advantage in litigated matters as the installed hardware permits only the Fund’s attorneys access to their case files in the heat of litigation, putting at their fingertips volumes of meaningful exhibits, legal research and other information, with no similar provision for claimants and the myriad of other insurance carriers whose representatives appear before the Board.”

Matter of Central New York Workers’ Comp. Bar Assn. v. State of New York Workers’ Compensation Bd., 2005 N.Y. App. Div. LEXIS 2877 (March 18, 2005).