Matter of Mangan v. Try-It Distributing Co., Inc.

Appeal from a decision of the Workers’ Compensation Board, filed January 2, 2015, which ruled, among other things, that claimant is entitled to receive death benefits based upon decedent’s average weekly wages at the time of his accident.

In 2000, Tracy Mangan (hereinafter decedent) sustained a work-related back injury while employed by Try-It Distributing Co., Inc. In 2009, decedent was classified as having a permanent partial disability, and liability for the claim was transferred to the Special Fund for Reopened Cases (see Workers’ Compensation Law § 25-a). Decedent’s average weekly wage…