Claim of Campbell v. McMillan Book Co.

Appeal from an amended decision of the Workers’ Compensation Board, filed January 31, 1990, which adhered to its prior *872decision ruling that the discharge of claimant’s decedent was not in retaliation for having filed a compensation claim.

In our view, claimant failed to meet her burden of proving that decedent’s discharge was in retaliation for his saying that he intended to file a disability claim (see, Matter of Solomon v Cohn, Glickstein, Lurie, Ostrin & Lubell, 97 AD2d 561). The record supports the conclusion by the Workers’ Compensation Board that decedent was discharged for a valid…