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MATTER OF STAGLIANO v. NEW YORK TEL. CO.

172 A.D.2d 887 (1991)

In the Matter of the Claim of Michael J. Stagliano, Appellant, v. New York Telephone Company, Respondent. Workers' Compensation Board, Respondent

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

April 4, 1991

The evidence before the Workers' Compensation Board supports its conclusion that claimant's injury was not work related. The record shows that on the Friday before his accident, claimant was told by his employer that he would not be permitted to work if he wore the shirt with the offending language on it. Although he was given the options of turning the shirt inside out, covering it, purchasing another shirt or going home to change...

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