IN THE MATTER OF ELMER v. MAROCCHI TRUCKING COMPANY, INC.


30 A.D.3d 792 (2006)

817 N.Y.S.2d 697

In the Matter of the Claim of DONALD ELMER, Respondent, v. MAROCCHI TRUCKING COMPANY, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 15, 2006.


Peters, J.

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 hearing, the workers...

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