MATTER OF WHITE


48 A.D.3d 854 (2008)

850 N.Y.S.2d 710

In the Matter of the Claim of RANDY F. WHITE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 7, 2008.


Claimant worked for the employer as a truck driver for approximately four months. On November 30, 2006, he was working on a job hauling potatoes from a field when a windshield wiper on the truck he was driving dislodged. It started raining and two mechanics who also worked for the employer were unable to find parts to fix the broken wiper. Claimant went home before the end of his shift without advising his supervisor of the problem with the truck and he lost his job as a...

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