Home/Appellate Division of the Supreme Court of New York/Claim of Levy v. New York State Office of Mental Retardation & Developmental Disabilities

Claim of Levy v. New York State Office of Mental Retardation & Developmental Disabilities

187 A.D.2d 759, 590 N.Y.S.2d 763, 1992 N.Y. App. Div. LEXIS 12634
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 5, 1992
StatusPublished
Cited by1 cases

This text of 187 A.D.2d 759 (Claim of Levy v. New York State Office of Mental Retardation & Developmental Disabilities) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claim of Levy v. New York State Office of Mental Retardation & Developmental Disabilities, 187 A.D.2d 759, 590 N.Y.S.2d 763, 1992 N.Y. App. Div. LEXIS 12634 (N.Y. Ct. App. 1992).

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed March 6, 1990.

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 AD2d 813, lv dismissed, lv denied 74 NY2d 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.

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Related

In re the Claim of Oglesby v. City of Newburgh
203 A.D.2d 726 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
187 A.D.2d 759, 590 N.Y.S.2d 763, 1992 N.Y. App. Div. LEXIS 12634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-levy-v-new-york-state-office-of-mental-retardation-nyappdiv-1992.