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Definition of Rescind

Rescind means to cancel, revoke, nullify, annul or repeal. It means to take back. In New York, in regard to workers' compensation, it may be used in regard to a penalty. There are situations in which the Workers Compensation Board in New York issues a penalty for noncompliance with the mandatory coverage provisions of New York State Workers' Compensation Law in regard to workers' compensation and/or disability benefits to a legal entity that does not have to carry such insurance coverage. When this happens and the legal entity submits documentation that shows they are not required to carry such coverage, the Workers' Compensation Board will resend the penalty, in which case the legal entity does not have to pay the rescinded penalty.

Rescind is also used in New York in regard to a decision. A Board Panel memorandum from the Workers' Compensation Board may rescind, that is annul or void, a decision that has been made by a Workers' Compensation Law Judge. Decisions to rescind are usually issued without prejudice so that the parties have the opportunity to present new testimony or evidence that was not previously presented to a Workers' Compensation Law Judge.

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