Claim of Gallo v. Jamaica Towing, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed January 14, 2005, which ruled that claimant was not discriminated against by the employer in violation of Workers’ Compensation Law § 120.

Claimant, a tow truck driver, sustained a right ankle injury in December 2002 and, without any dispute from the employer, thereafter began receiving workers’ compensation benefits. He returned to work in January 2003 and was eventually terminated in April 2003. Alleging that he was wrongly fired in retaliation for his worker’s compensation claim, claimant filed a complaint pursuant to Workers’…