MATTER OF SERRANO


216 A.D.2d 625 (1995)

627 N.Y.S.2d 173

In the Matter of the Claim of Efren Serrano, Appellant. Shield of David, Inc., Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

June 1, 1995


Claimant, an assistant group leader at a facility for the care of the mentally and emotionally disabled, was terminated for insubordination when he failed to accept a new job assignment. The record reveals that despite the employer's recognition of claimant's back injury and efforts to accommodate him by assigning him tasks that did not involve heavy lifting or bending, claimant refused to work in the dining room without providing an explanation. The Board found that claimant...

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