MATTER OF CLEVELAND


301 A.D.2d 722 (2003)

753 N.Y.S.2d 214

In the Matter of the Claim of ROSEMARY CLEVELAND, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 2, 2003.


Claimant was discharged from her employment as a mammographer at a breast cancer screening center due to her failure to adhere to the employer's policy regarding the alteration of patient medical records. Claimant admitted in her hearing testimony that she had used correction fluid to erase a patient's check mark entered on a pretesting questionnaire. Contrary to the employer's prescribed procedures, this change was not initialed by either claimant or the patient, nor did...

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