MATTER OF TINEO

517622.

117 A.D.3d 1307 (2014)

985 N.Y.S.2d 773

2014 NY Slip Op 3738

In the Matter of the Claim of ROBERT M. TINEO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 22, 2014.


Claimant worked as a security officer at a hospital for over 19 years. In March 2011, he was injured while attempting to restrain a psychiatric patient which caused him to miss four months of work. When he returned, he was frequently required, as part of his job duties, to restrain patients. Claimant believed that the lack of adequate staffing was a source of the problem and that this rendered his job unsafe. Consequently, he...

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