Opinion
April 4, 1991
Appeal from the Workers' Compensation Board.
In our view, claimant failed to meet her burden of proving that decedent's discharge was in retaliation for his saying that he intended to file a disability claim (see, Matter of Solomon v Cohn, Glickstein, Lurie, Ostrin Lubell, 97 A.D.2d 561). The record supports the conclusion by the Workers' Compensation Board that decedent was discharged for a valid business purpose because he failed to timely file a form required by the employer justifying his absence even after he was notified that it was overdue, told that he would be discharged if he failed to file the form and given a five-day extension to file the form. Under the circumstances, the determination that decedent's employment was not terminated in retaliation for the filing of a claim for disability benefits is supported by substantial evidence and must be upheld (see, Matter of Durivage v. Diamond Intl. Corp., 134 A.D.2d 649). Claimant's remaining contentions have been considered and found to be lacking in merit.
Amended decision affirmed, without costs. Weiss, J.P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.