MATTER OF CICINNATI v. CLARE ROSE, INC.

507513.

71 A.D.3d 1263 (2010)

896 N.Y.S.2d 258

In the Matter of the Claim of MICHAEL CICINNATI, Appellant, v. CLARE ROSE, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 11, 2010.


Kavanagh, J.

Claimant, a route salesperson for a beer distributor, injured his back in December 2004 and was awarded workers' compensation benefits. On March 30, 2007, four days after his return from a period of lost time related to his compensable injury, claimant was terminated for insubordination arising out of an altercation that he had with a customer. Asserting that his reduced earnings subsequent to his termination were caused by his work-related injury, claimant...

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