MATTER OF JAMES


285 A.D.2d 888 (2001)

728 N.Y.S.2d 588

In the Matter of the Claim of RACHEL D. JAMES, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided July 19, 2001.


During the course of her employment as a security guard, claimant was assigned to work at various stores and office buildings. When claimant complained of discomfort in her back and legs due to prolonged standing, she received further training and was given a temporary assignment at an office building where she was able to sit during her shift. In response to claimant's request that the office building assignment become permanent, the employer responded that the assignment...

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