MATTER OF ALVAREZ


297 A.D.2d 859 (2002)

747 N.Y.S.2d 62

In the Matter of the Claim of JOSE ALVAREZ, Appellant. UNITED PARCEL SERVICE, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided September 12, 2002.


Claimant was employed for over 13 years as a driver for the employer, a parcel delivery service. During his last six months of employment, claimant was involved in three traffic accidents while on duty. When he returned to work after the last accident, he was assigned to work as a return clerk, correcting the delivery addresses on packages which were undeliverable. While performing this job, claimant changed the address labels on six packages (containing four computers, an...

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