Claim of McBride v. Mutual Life Insurance
Claimant, a research clerk for Mutual Life Insurance Company of New York, began receiving disability benefits for tendinitis. An independent medical examination in January 1995 found her partially disabled but capable of returning to work with restrictions. Despite being aware of the claimant's intent to file a workers' compensation claim, the employer re-sent a termination letter in March 1995. The Workers' Compensation Board concluded this action violated Workers' Compensation Law § 120, finding the employer had knowledge of the claim prior to discharge. This appeal affirmed the Board's decision, citing substantial supportive evidence.