MATTER OF PHAM

529274.

178 A.D.3d 1227 (2019)

115 N.Y.S.3d 164

2019 NY Slip Op 08907

In the Matter of the Claim of Thuy Pham, Appellant. Sperber, Denenberg & Kahan, PC, Respondent. Commissioner of Labor, Respondent.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Thuy Pham, New York City, appellant pro se.

Sperber, Denenberg & Kahan, PC, New York City ( Eric H. Kahan of counsel), for Sperber, Denenberg & Kahan, PC, respondent.

Garry, P.J., Egan Jr., Clark and Mulvey, JJ., concur.


Claimant worked as an associate attorney for the employer, a law firm in New York City. In January 2018, she had hip replacement surgery and was granted a medical leave of absence. Prior to the surgery, her legal duties consisted primarily of transactional work, such as real estate closings, that she performed in the employer's office. During the time that claimant was out on medical leave, the employer found it necessary to hire another attorney to handle the transactional...

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