W & G Ltd. v. Workers' Compensation Board
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
Does the decision of an arbitrator upholding a contractual just cause discharge of an employee after a compensable accident preclude the Workers’ Compensation Board (hereinafter WCB) hearing the issue of discriminatory discharge (Workers’ Compensation Law § 120)?
The CPLR article 78 petition alleges that: (1) the petitioner is the successor owner of certain premises; (2) that one William Caban was an employee at premises covered by a labor management agreement; (3) Caban was injured in the course of his employment; (4) that Caban was subsequently…
2Cases cited14 opinions
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Botwinick v. OgdenNew York Court of Appeals · 1983
- Axel v. Duffy-Mott Co.New York Court of Appeals · 1979
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3Cited by2 opinions
- Uryevick v. Pepcom Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- UBS Securities LLC v. ProwseDistrict Court, S.D. New York · 2020