AXEL v. DUFFY-MOTT CO.


62 A.D.2d 651 (1978)

In the Matter of the Claim of Barbara Axel, Respondent, v. Duffy-Mott Company, Inc., Appellant. Workers' Compensation Board, Respondent

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

June 15, 1978


Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside & Wolff (Charles K. O'Neill and Paul G. Pennoyer, Jr., of counsel), for appellant.

Reisman, Milberg, Abramson & Magro, P. C., for Barbara Axel, respondent.

Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Herman C. Emer and Daniel Polansky of counsel), for Workers' Compensation Board, respondent.

SWEENEY, J. P., and LARKIN, J., concur with MAIN, J.; STALEY, JR., and MIKOLL, JJ., dissent and vote to affirm in an opinion by MIKOLL, J.


MAIN, J.

This is an appeal from a decision of the Workers' Compensation Board, which, among other things, determined that the employer herein had discriminated against the claimant in violation of section 120 of the Workers' Compensation Law.

Claimant was working for the employer herein, Duffy-Mott Company, Inc., as a computer programmer when, on January 18, 1974, she became embroiled in an argument with...

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