MATTER OF HEATH


304 A.D.2d 944 (2003)

757 N.Y.S.2d 154

In the Matter of the Claim of DAVID T. HEATH, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 10, 2003.


Claimant was discharged from his employment as a factory worker for failing to wear safety glasses while cleaning equipment on the factory floor. It was the employer's policy that safety glasses be worn in designated areas on the factory floor at all times to protect workers. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct. The record establishes that...

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