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IN THE MATTER OF CLAIM OF GALLO v. JAMAICA TOWING, INC.

30 A.D.3d 656 (2006)

816 N.Y.S.2d 229

In the Matter of the Claim of ANTHONY L. GALLO, SR., Appellant, v. JAMAICA TOWING, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

June 1, 2006.

Mercure, J.

Claimant, a tow truck driver, sustained a right ankle injury in December 2002 and, without any dispute from the employer, thereafter began receiving workers' compensation benefits. He returned to work in January 2003 and was eventually terminated in April 2003. Alleging that he was wrongly fired in retaliation for his worker's compensation claim, claimant filed a complaint pursuant to Workers' Compensation Law § 120. Following a hearing, a workers...

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