MATTER OF ASEM v. KEY FOOD STORES CO-OPERATIVE, INC.


216 A.D.2d 806 (1995)

628 N.Y.S.2d 874

In the Matter of John R. Asem, Respondent, v. Key Food Stores Co-Operative, Inc., Appellants. Workers' Compensation Board, Respondent. (And Two Other Related Claims.)

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

June 29, 1995


Yesawich Jr., J.

Claimants in these three related cases contend that their employer's policy of reducing an employee's annual vacation time when he or she has been absent from work for an extended period of time, due to a compensable injury, constitutes impermissible retaliation for claiming benefits provided by the Workers' Compensation Law (see, Workers' Compensation Law § 120). The employer,...

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