Legal Opinion
Claim of Duncan v. New York State Developmental Center
New York Court of Appeals
Decided October 16, 1984PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The Legislature has authorized the termination of employment of civil servants who are absent for a lengthy period as a result of a work-related injury. In the absence of any evidence of retaliatory intent, such an employee is not the victim of “discrimination” within the scope and meaning of the Workers’ Compensation Law’s proscription against discharging or otherwise taking detrimental action against injured employees. Thus, claimant here is not entitled to any relief.
Claimant was injured on February 2, 1976, while in the course of her employment at…
2Cases cited6 opinions
- National Labor Relations Board v. Great Dane Trailers, Inc.Supreme Court of the United States · 1967
- Economico v. Village of PelhamNew York Court of Appeals · 1980
- Axel v. Duffy-Mott Co.New York Court of Appeals · 1979
- Lo Dolce v. Regional Transit Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- In re the Claim of Griffin v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Anderson v. Standard Register Co.Tennessee Supreme Court · 1993
- Powell v. WYOMING CABLEVISION. INC.West Virginia Supreme Court · 1991
- Jerome SANDBERG, Plaintiff-Appellant, v. KPMG PEAT MARWICK, LLP, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
- Coolidge v. Riverdale Local School DistrictOhio Supreme Court · 2003
- Pierce v. Franklin Electric Co.Supreme Court of Oklahoma · 1987
44 more not listed; retrieve them via the Exa API.