MATTER OF JOYCE


250 A.D.2d 901 (1998)

672 N.Y.S.2d 521

In the Matter of the Claim of Stephen M. Joyce, Appellant. Commissioner of Labor, Respondent

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

May 7, 1998


Claimant was employed as a postal worker until July 12, 1996, when he was ordered to leave the premises after an outburst whereby he screamed racist remarks and threatened his co-workers. The employer's psychiatrist thereafter found claimant "not fit for duty" and advised him to seek outside psychiatric treatment. The employer subsequently informed claimant that until he obtained this treatment, he would be unable to return to work. Nevertheless, claimant advised the employer...

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