Legal Opinion

W & G Ltd. v. Workers' Compensation Board

New York Supreme Court

Decided February 13, 1986PublishedCited by 2 opinions

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

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  3. Gilberg v. BarbieriNew York Court of Appeals · 1981
  4. Botwinick v. OgdenNew York Court of Appeals · 1983
  5. Axel v. Duffy-Mott Co.New York Court of Appeals · 1979

9 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Uryevick v. Pepcom Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  2. UBS Securities LLC v. ProwseDistrict Court, S.D. New York · 2020

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