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W & G LTD v. COMP. BD

131 Misc.2d 329 (1986)

In the Matter of W & G Ltd., as Successor in Interest to Hilldun Capital, Ltd., Petitioner, v. Workers' Compensation Board of the State of New York, Respondent.

Supreme Court, Special Term, Kings County.

February 13, 1986

Attorney(s) appearing for the Case

I. Edward Pogoda for petitioner. Robert Abrams, Attorney-General (Howard B. Friedland of counsel), for respondent.

HERBERT KRAMER, J.

Does the decision of an arbitrator upholding a contractual just cause discharge of an employee after a compensable accident preclude the Workers' Compensation Board (hereinafter WCB) hearing the issue of discriminatory discharge (Workers' Compensation Law § 120)?

The CPLR article 78 petition alleges that: (1) the petitioner is the successor owner of certain premises; (2) that one William Caban was an employee at premises...

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