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COLEMAN v. COMPASS GROUP USA

514379.

105 A.D.3d 129 (2013)

960 N.Y.S.2d 532

2013 NY Slip Op 1304

In the Matter of the Claim of CAROLYN ANNE COLEMAN, Respondent, v. COMPASS GROUP USA, INC./CHARTWELLS, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 28, 2013.

Attorney(s) appearing for the Case

Littler Mendelson, PC, New York City ( Theo E.M. Gould of counsel), for appellant.

Kristina S. Heuser , Locust Valley, for Carolyn Anne Coleman, respondent.

Eric T. Schneiderman , Attorney General, New York City ( Steven Segall of counsel), for Workers' Compensation Board, respondent.

ROSE, J.P., SPAIN and McCARTHY, JJ., concur.

OPINION OF THE COURT

STEIN, J.

Claimant was discharged from her employment one week after her claim for workers' compensation benefits was established. She subsequently alleged that her discharge was retaliatory and asserted discrimination pursuant to Workers' Compensation Law § 120. A Workers' Compensation Law Judge (hereinafter WCLJ) filed a decision in January 2009, which concluded that the employer had violated Workers' Compensation

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