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Dell Makes Law

November 22, 2012

NORTH COUNTRY MAN ENTITLED TO FULL WORKERS' COMPENSATION BENEFITS

On November 21, 2012, the New York State Supreme Court, Appellate Division, 3rd Judicial Department, ruled that it was improper for the New York State Workers' Compensation Board to deny Robert Morin full New York State Workers' Compensation benefits for an accident which occurred while he was working as a mechanic for the Town of Lake Luzerne, which rendered him disabled and unable to work, and in need of medical treatment. The Workers' Compensation Board had ruled that Mr. Morin should only be entitled to one half of the benefits available to an injured worker under the New York State Workers' Compensation Law based upon the report from the Town's medical consultant, who believed that 50% of Mr. Morin's back condition should be related to a pre-existing, non work-related back condition. However, Mr. Morin was able to work and fully function prior to the September 1, 2009 accident. This is a tremendous victory for Mr. Morin, and injured workers throughout New York State," said Alex Dell, Morin's attorney, and the managing partner of The Law Firm of Alex Dell, PLLC, a Law Firm which concentrates on representing individuals with their New York State Workers' Compensation, New York State Disability Retirement and Social Security Disability claims. Dell notes that: "This decision is consistent with the well-established legal precedent, and above all, is the fair and responsible way to handle this type of situation."

To read the entire Court decision, please click the following link: http://decisions.courts.state.ny.us/ad3/Decisions/2012/513149.pdf