Legal Opinion
Claim of Rodriguez v. C&S Wholesale Grocers, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 2013Published
1Opinion of the CourtEgan Jr., J.
Appeal from a decision of the Workers’ Compensation Board, filed April 17, 2012, which ruled that claimant was discharged by the employer in violation of Workers’ Compensation Law § 120.
On January 19, 2011, claimant was hired by C&S Wholesale Grocers, Inc. (hereinafter the employer) for the position of order selector — a job that consisted of moving large pallets of grocery goods in preparation for shipment to the employer’s customers. As part of his duties, claimant was required to operate a motorized pallet jack to move the heavy pallets throughout the warehouse, and he was trained to use…
2Cases cited8 opinions
- Axel v. Duffy-Mott Co.New York Court of Appeals · 1979
- Claim of Duncan v. New York State Developmental CenterNew York Court of Appeals · 1984
- Gibson v. Carrier Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Claim of Little v. Gaines Electrical Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Claim of Torrance v. Loretto Rest Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2009
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