MATTER OF GARCIA


89 A.D.2d 643 (1982)

In the Matter of the Claim of Jose Garcia, Appellant. Lillian Roberts, as Industrial Commissioner, Respondent

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

July 1, 1982


Claimant was employed by the FHA Steel Corporation as a helper in making steel doors and frames. Claimant was involved in an argument with his co-worker who blamed claimant for work errors because of his failure to follow instructions. The Industrial Commissioner disqualified claimant for failing to follow work orders after being previously advised. The board, on the other hand, found that claimant threatened to swing at the co-worker and found this act to be the misconduct...

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