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MATTER OF GONZALEZ

183 A.D.2d 1026 (1992)

In the Matter of the Claim of Angel L. Gonzalez, Respondent. Phoenix Service Technologies, Inc., Appellant. John F. Hudacs, as Commissioner of Labor, Respondent

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

May 14, 1992

Due to a back injury that claimant sustained in 1987, claimant was tardy or absent on various occasions. Although the employer ultimately decided to terminate claimant, it orally agreed that if claimant would submit to an examination by a doctor who would certify that claimant was disabled from working, it would instead place claimant on disability leave. Despite this agreement, the employer discharged claimant on the ground that...

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