MATTER OF CUNNINGHAM

519291

126 A.D.3d 1208 (2015)

3 N.Y.S.3d 638

2015 NY Slip Op 02170

In the Matter of the Claim of WILEY CUNNINGHAM, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided March 19, 2015.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a driver for a wheelchair transportation service, voluntarily left his employment without good cause. The record establishes that after claimant was injured on the job and sought medical treatment, he was cleared to return to work with restrictions. Notwithstanding the fact that the employer informed claimant that work was available within those restrictions, claimant...

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