MATTER OF CHARLES COLELLA v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


45 A.D.3d 1078 (2007)

846 N.Y.S.2d 423

In the Matter of the Claim of BRIAN CHARLES COLELLA, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 15, 2007.


Spain, J.

Claimant, an electrician with provisional employee status, was exposed to asbestos during a hospital renovation project. He thereafter filed with his employer an occupational injury report regarding the exposure and discussed his intention to assert a workers' compensation claim. Three days later, claimant received a work performance assessment which indicated that he met the standards in all respects. Five days after that, claimant was terminated. Claimant...

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