AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Claim of SAMUEL LEVY, Appellant, v. NEW YORK STATE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

Claimant has the burden of showing that the employer discharged him in retaliation for filing a claim, and a decision of the Workers' Compensation Board finding no such retaliatory conduct is conclusive if supported by substantial evidence (see, Matter of Kuk v General Elec. Co., 147 A.D.2d 813, lv dismissed, lv denied 74 N.Y.2d 758). The record supports the Board's finding that claimant's discharge in this case did not result from the filing of the compensation claim but was based upon his failure to adequately perform his job duties. Accordingly, the decision must be affirmed.

Mikoll, J.P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

MATTER OF LEVY v. NEW YORK STATE OFFICE
(Nov 5, 1992)