MATTER OF CARUSO


16 A.D.2d 1008 (1962)

In the Matter of the Claim of Nicholas Caruso, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 21, 1962


On April 17, 1961 claimant, a stowman, was directed by his foreman to load some bales weighing from 200 to 300 pounds into a box car with two other men. Claimant requested the assistance of another experienced man and when the foreman declined to assign another man to the job claimant refused to lift the bales. When claimant persisted in his refusal to carry out the order of the foreman he was discharged by the terminal supervisor. A hearing was subsequently held with a representative...

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