Legal Opinion
Claim of Elmer v. Marocchi Trucking Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 2006PublishedCited by 6 opinions
1Opinion of the CourtPeters, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 26, 2004, which ruled that claimant did not violate Workers’ Compensation Law § 114-a.
In 1997, claimant fell from a flatbed trailer and sustained injuries to his head, back and both of his legs while working as a truck driver for Marocchi Trucking Company, Inc. (hereinafter the employer). After a series of workers’ compensation hearings, claimant received awards for his physical injuries, as well as consequential depression and consequential narcotic addiction. Based upon statements that claimant made at a January 2002…
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