MATTER OF PRIMIANO v. PEP BOYS SERVICE


277 A.D.2d 631 (2000)

715 N.Y.S.2d 261

In the Matter of the Claim of GEORGE PRIMIANO, Respondent, v. PEP BOYS SERVICE et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 16, 2000.


Mugglin, J.

In July 1999, claimant was advised by his supervisor that unless a new position could be found for him, which was unlikely, his employment would be terminated the following month. Although he was not scheduled to work the day after being so advised, claimant returned to the employer's premises to discuss the possibility of continuing employment. According to claimant, he was upset and depressed. Claimant's supervisor told him that they would discuss the...

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