Matter of Levy v. New York State Office

Full title: In the Matter of the Claim of SAMUEL LEVY, Appellant, v. NEW YORK STATE…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 5, 1992

187 A.D.2d 759 (N.Y. App. Div. 1992)

589 N.Y.S.2d 680

Opinion

November 5, 1992

Appeal from the Workers' Compensation Board.

Claimant has the burden of showing that the employer discharged him in retaliation for filing a claim, and a decision of the Workers' Compensation Board finding no such retaliatory conduct is conclusive if supported by substantial evidence (see, Matter of Kuk v General Elec. Co., 147 A.D.2d 813, lv dismissed, lv denied 74 N.Y.2d 758). The record supports the Board's finding that claimant's discharge in this case did not result from the filing of the compensation claim but was based upon his failure to adequately perform his job duties. Accordingly, the decision must be affirmed.

Mikoll, J.P., Levine, Mahoney, Casey and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.