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IN THE MATTER OF KAM WING TAM

16 A.D.3d 749 (2005)

790 N.Y.S.2d 322

In the Matter of the Claim of KAM WING TAM, Appellant. COMMISSIONER OF LABOR, Respondent.

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

March 3, 2005.

Claimant, a jewelry stone setter, requested permission from his employer to take a month's leave of absence to travel to China. The purpose of the trip was for claimant to seek medical treatment for his shoulder. The employer advised claimant that his job would not be held until he returned and that a replacement would be hired. Upon claimant's return, the employer informed him that no work was available and that he should collect...

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