MATTER OF BONILLA

530655.

190 A.D.3d 1173 (2021)

136 N.Y.S.3d 810

2021 NY Slip Op 00347

In the Matter of the Claim of Emilio Bonilla Jr., Appellant. Commissioner of Labor, Respondent.

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

Decided January 21, 2021.


Attorney(s) appearing for the Case

Emilio Bonilla, Jr., New York City, appellant pro se.

Letitia James , Attorney General, New York City ( Linda D. Joseph of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Aarons and Reynolds Fitzgerald, JJ., concur.


Claimant, a postal worker, was hospitalized for an alleged suicide attempt. Before returning to work, the employer, pursuant to the collective bargaining agreement, required claimant to submit to a psychiatric evaluation to determine whether he was fit to return to duty. Claimant refused to authorize the release of his medical records to the psychiatrist performing the evaluation and, therefore, did not return to work. Substantial evidence supports the decision of the Unemployment...

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