Robert Golan, a worker’s compensation attorney in New York, recently won an appeal at the NY State Workers Compensation Board in the case of a thermometer factory worker who was exposed to mercury and developed mercury poisoning. The Trial Judge ruled that although she was in fact exposed to mercury at work and could no longer work in any environment containing mercury, she was otherwise healthy, and was not entitled to workers compensation monetary benefits.
The Trial Judge based his decision on a specific case precedent. Golan successfully argued that the case precedent was different from the client’s case, and that the client was, in fact, disabled and entitled to monetary benefits, until she could find alternative employment at the same earning level. The Appellate Court (Case # G1778031) reversed the Decision of the Trial Judge.