MATTER OF CLUM


61 A.D.2d 870 (1978)

In the Matter of the Claim of George L. Clum, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

February 16, 1978


The claimant was a truck driver and it is undisputed that after he parked his truck at a loading dock and left it running in neutral gear, the truck rolled and struck another vehicle. His employer on the following day discharged him from employment as follows: "For this act of negligence you are discharged without recourse." The employer's representative testified that the wheels of the truck should have been blocked, but there was no regulation as to procedure. He went on...

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