MATTER OF GILLEN, JR. v. US AIR, INC.


260 A.D.2d 853 (1999)

688 N.Y.S.2d 761

In the Matter of the Claim of JAMES GILLEN, JR., Respondent, v. US AIR, INC., Now Known as US AIRWAYS, INC., Appellant. Workers' Compensation Board, Respondent.

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

Decided April 15, 1999.


Cardona, P. J.

On June 29, 1995, claimant allegedly injured his lower back while stacking luggage during the course of his employment with US Airways, Inc. (hereinafter the employer). Claimant filed an occupational injury report and was told by his doctor, whom he saw the next day, to stay out of work until July 5, 1995. When claimant returned to work, the employer told him that he was suspended and, on July 10, 1995, claimant received a termination letter. The employer...

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