MATTER OF VOLMAR


64 A.D.3d 1060 (2009)

In the Matter of the Claim of MYRLANDE VOLMAR, Appellant. UPR CARE CORPORATION, Doing Business as COLD SPRING HILLS, Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided July 23, 2009.


Claimant worked as a certified nursing assistant in a nursing home for approximately five years. In December 2006, her supervisor, the director of nursing, observed claimant shouting at an agitated, wheelchair-bound dementia patient in the facility's dining room. Attempting to calm the patient, the supervisor asked claimant to leave the area. Claimant refused and continued yelling until another employee convinced her to walk away. Moreover, claimant remained in the vicinity...

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