Legal Opinion

Claim of Gagnon v. Foster Medical Supply, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 10, 1996PublishedCited by 2 opinions

1Opinion of the Court

—Appeal from a decision of the Workers’ Compensation Board, filed September 30, 1994, which ruled that claimant was not discriminated against by his employer.

On May 8, 1991, claimant was terminated from his position *682as a warehouse worker for excessive absenteeism. Prior to his termination, on August 16,1990, claimant injured his foot during the course of his employment. After this injury, claimant was absent until September 4, 1990 and again from December 10, 1990 through December 17,1990. He filed a claim for workers’ compensation benefits in December 1990. Between January 1, 1991 and April…

2Cases cited2 opinions

  1. Conklin v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1994
  2. Claim of McQueen v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. In re the Claim of Johnson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  2. Matter of Burke v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2020

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