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MTR OF AXEL v. DUFFY-MOTT CO

47 N.Y.2d 1 (1979)

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

Court of Appeals of the State of New York.

Decided April 5, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Henriette Frieder and Daniel Polansky of counsel), for appellant.

Charles K. O'Neill, Paul G. Pennoyer, Jr., and Laurence S. Markowitz for Duffy-Mott Company, Inc., respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG.

FUCHSBERG, J.

On this appeal we for the first time meet section 120 of the Workers' (formerly Workmen's) Compensation Law head-on. This relatively recently enacted statute forbids employers to discharge or otherwise discriminate against employees who claim compensation for job-related injuries or who testify in proceedings to enforce such payment. Its violation subjects the employer to a statutory penalty and entitles...

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