MATTER OF CULP


2 A.D.3d 949 (2003)

767 N.Y.S.2d 680

In the Matter of the Claim of MARY L. CULP, Appellant. COMMISSIONER OF LABOR, Respondent.

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

December 4, 2003.


Claimant was transferred from the position of cashier at a retail store—a job which required employees to be able to lift up to 25 pounds—to that of sales clerk, after she presented the employer with a note from her physician advising that she was restricted to lifting weights no heavier than 10 pounds. When a new manager subsequently requested that she fill in as a temporary cashier, claimant declined based upon her inability to lift over 10 pounds. Aware that...

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