MATTER OF KIM v. CMTY. LIVING CORP.


253 A.D.2d 911 (1998)

677 N.Y.S.2d 818

In the Matter of the Claim of Peng Kim, Appellant, v. Community Living Corporation et al., Respondents. Workers' Compensation Board, Respondent

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

September 10, 1998


Claimant sustained a back injury in October 1992 during the course of his employment which resulted in claimant losing some time from work. On February 8, 1993, with the consent of his doctor, claimant returned to work full time; however, he was discharged on or about May 12, 1993 for misconduct. After his application for unemployment insurance benefits was denied, claimant applied for workers' compensation benefits contending that he was unable to work due to his October...

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