A New York appellate court ruled that an award of benefits for a worker's death from complications of surgery related to an industrial injury 12 years earlier had to be calculated using the worker's average weekly wage at the time of his injury.
Case: Matter of Mangan v. Try-It Distributing Co., No. 521733, 06/30/2016, published.
Facts: Tracy Mangan injured his back in 2000 while working for the Try-It Distributing Co.
He secured an award for permanent partial disability benefits, based on his average weekly wage of $813.49 in the 12 months leading up to his injury.
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