Lo Dolce v. Regional Transit Service, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed May 24, 1979, as amended by decision filed September 25, 1979. The record establishes beyond any dispute that the claimant was discharged because of lost time due to an employment related accident. Such a dismissal explicitly violates section 120 of the Workers’ Compensation Law, which states, in pertinent part: "It shall be unlawful for any employer * * * to discharge or in any manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer”.…