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MATTER OF WILSON v. ROSELLI MOVING & STORAGE CORPORATION

37 A.D.3d 959 (2007)

829 N.Y.S.2d 742

In the Matter of the Claim of HENRY WILSON, Respondent, v. ROSELLI MOVING & STORAGE CORPORATION, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 15, 2007.

Rose, J.

Claimant's case for compensable injuries was established and he began receiving workers' compensation benefits. He thereafter filed a discrimination complaint pursuant to Workers' Compensation Law § 120 alleging that he was "constructive[ly] discharged." After several hearings were apparently scheduled and adjourned, a Workers' Compensation Law Judge denied the complaint and closed the case. The Workers' Compensation Board, however, subsequently rescinded...

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