Opinion

Smith v. Mallory Timers Co.

  • 63 N.Y.2d 1002
  • 484 N.Y.S.2d 505
  • 473 N.E.2d 733
  • 1984 N.Y. LEXIS 4756
Court
New York Court of Appeals
Filed
Nov 15, 1984
Status
Published
Cited by
1 cases
Authority
More cited than 53.8%

The opinion

OPINION OF THE COURT

Memorandum.

Order reversed, with costs, and the decision of the Workers’ Compensation Board, filed July 26, 1982, reinstated. We disagree with the Appellate Division that there was “no basis in [the] record to support a determination that [claimant] would be entitled to reinstatement or back wages” after January 15, 1979. Once the employer admitted that it had rehired approximately 11 employees with seniority comparable to the claimant, it was not unreasonable, on this record, for the Board to infer that the claimant also would have been rehired on January 15, 1979 but for the discriminatory animus. Thus, there is substantial evidence in the record to support the Board’s determination.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur in memorandum.

Order insofar as appealed from reversed, etc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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