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DUNCAN v. DEVELOPMENTAL CTR.

63 N.Y.2d 128 (1984)

In the Matter of the Claim of Berthlyn Duncan, Respondent, v. New York State Developmental Center, Appellant. Workers' Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided October 16, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Theresa E. Wolinski, Peter H. Schiff, Carlin Meyer and Reed Brody of counsel), for Workers' Compensation Board, appellant.

Robert J. Foody and Paul R. Kietzman for New York State Developmental Center, appellant.

Robert Bergman for respondent.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Chief Judge COOKE.

The Legislature has authorized the termination of employment of civil servants who are absent for a lengthy period as a result of a work-related injury. In the absence of any evidence of retaliatory intent, such an employee is not the victim of "discrimination" within the scope and meaning of the Workers' Compensation Law's proscription against discharging or otherwise taking detrimental action...

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