Claim of Colella v. New York City Health & Hospitals Corp.

Appeal from a decision of the Workers’ Compensation Board, filed May 23, 2006, which ruled that claimant was discriminated against by the employer in violation of Workers’ Compensation Law § 120.

Claimant, an electrician with provisional employee status, was exposed to asbestos during a hospital renovation project. He thereafter filed with his employer an occupational injury report regarding the exposure and discussed his intention to assert a workers’ compensation claim. Three days later, claimant received a work performance assessment which indicated that he met the standards in all…