MATTER OF CLAIM OF CASEY v. UNITED REFINING COMPANY OF PENNSYLVANIA

532387.

194 A.D.3d 1300 (2021)

2021 NY Slip Op 03236

In the Matter of the Claim of Cheryl A. Casey, Appellant, v. United Refining Company of Pennsylvania et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided May 20, 2021.


Attorney(s) appearing for the Case

Hardy Marble LLP, Lockport ( William James Hardy of counsel), for appellant.

O'Connell Zavelo LLC, Elizaville ( Anne O'Connell Zavelo of counsel), for United Refining Company of Pennsylvania and another, respondents.

Lynch, J.P., Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.


Claimant worked as a manager at the employer's 24-hour convenience store for approximately 29 years. On January 3, 2019, a customer was using vulgar language while talking on his cell phone. When he refused the cashier's request to cease such conduct, claimant told the customer to leave the store or she would call the police. The customer...

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