In re the Claim of Griffin v. Eastman Kodak Co.

Appeal from a decision of the Workers’ Compensation Board, filed March 21, 1980. The narrow issue presented on this appeal is whether an employer violates section 120 of the Workers’ Compensation Law by terminating an employee, who previously has been warned about excessive absences, after the employee is again absent, where the latter absence is due to a work-related compensable injury. Section 120 provides that “It shall be unlawful for any employer *** to discharge *** an employee *** because such employee has claimed or attempted to claim compensation from such employer”. This court has…