de la Concha v. Fordham University

Appeal from a decision of the Workers’ Compensation Board, filed March 18, 2004, which ruled that claimant failed to mitigate his damages.

Claimant, alleging that he was injured in an altercation with the employer’s director of human resources, filed a claim for workers’ compensation benefits. Thereafter, the employer terminated claimant’s employment, prompting claimant to commence this proceeding contending that he was fired in retaliation for filing the workers’ compensation claim, and seeking reinstatement and damages pursuant to Workers’ Compensation Law § 120. The Workers’ Compensation…