New York Court of Appeals
In the Matter of the Claim of Berthlyn Duncan, Respondent v. New York State Developmental Center, Appellant…
October 16, 198463 N.Y.2d 128
Summary
The Court held that termination of a civil servant absent for a work‑related injury, absent evidence of retaliation, does not violate section 120 of the Workers’ Compensation Law, and affirmed the Board’s authority to consider Civil Service Law provisions in that analysis, thereby reversing the Appellate Division.