Legal Opinion

Claim of Morin v. Town of Lake Luzerne

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 2012Published

1Opinion of the CourtGarry, J.

Appeal from a decision of the Workers’ Compensation Board, filed December 9, 2010, which ruled that apportionment applied to claimant’s workers’ compensation award.

Claimant suffered a work-related back injury on September 1, 2009 and was awarded workers’ compensation benefits. Following claimant’s hearing testimony and the submission of medical evidence, a Workers’ Compensation Law Judge determined, as relevant here, that claimant’s award should be apportioned 50% to the 2009 work-related injury and 50% to a 2004 back injury. A panel of the Workers’ Compensation Board affirmed. Claimant…

2Cases cited8 opinions

  1. Claim of Bruno v. Kelly Temp ServiceAppellate Division of the Supreme Court of the State of New York · 2003
  2. Claim of Monroe v. Town of ChesterAppellate Division of the Supreme Court of the State of New York · 2007
  3. Nye v. IBM Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Bremner v. New Venture GearAppellate Division of the Supreme Court of the State of New York · 2006
  5. Claim of Hogan v. Hilltop Manor of NiskayunaAppellate Division of the Supreme Court of the State of New York · 2003

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