Legal Opinion

Claim of Gillen v. US Air, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1999PublishedCited by 4 opinions

1Opinion of the CourtCardona, P. J.

Appeal from a decision of the Workers’ Compensation Board, filed April 1, 1998, which, inter alia, ruled that claimant was discharged by the employer in violation of Workers’ Compensation Law § 120.

On June 29, 1995, claimant allegedly injured his lower back while stacking luggage during the course of his employment with US Airways, Inc. (hereinafter the employer). Claimant filed an occupational injury report and was told by his doctor, whom he saw the next day, to stay out of work until July 5, 1995. When claimant returned to work, the employer told him that he was suspended and, on July…

2Cases cited5 opinions

  1. Claim of Lawrence v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1997
  2. In re the Claim of Johnson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  3. O'Malley v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  4. Claim of Jirak v. Federal Express Corp.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Gizowski v. Pacos Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by4 opinions

  1. Claim of De La Concha v. Fordham UniversityAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Drakes v. Bank Julius Baer & Co.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Claim of McBride v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  4. Claim of Buzea v. Alphonse Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 2001

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