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MATTER OF CAMPBELL v. McMILLAN BOOK CO., INC.

172 A.D.2d 871 (1991)

In the Matter of the Claim of Rhea E. Campbell, as Administratrix of The Estate of Donald G. Campbell, Deceased, Appellant, v. McMillan Book Company, Inc., Respondent. Workers' Compensation Board, Respondent

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

April 4, 1991

In our view, claimant failed to meet her burden of proving that decedent's discharge was in retaliation for his saying that he intended to file a disability claim (see, Matter of Solomon v Cohn, Glickstein, Lurie, Ostrin & Lubell, 97 A.D.2d 561). The record supports the conclusion by the Workers' Compensation Board that decedent was discharged for a valid business purpose because...

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