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The claimant, a carpenter's assistant, was discharged from employment due to an altercation with a co-worker. The Unemployment Insurance Appeal Board determined this conduct constituted misconduct, thereby disqualifying him from receiving unemployment insurance benefits. The court affirmed this decision, finding it supported by substantial evidence. It reiterated that fighting with a co-worker can be considered disqualifying misconduct, irrespective of who initiated the confrontation. The claimant's assertion of appropriate action was deemed a credibility matter for the Board to resolve, leading to the affirmance of the Board's decision without costs.
In re the Claim of Perez is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The claimant, a carpenter's assistant, was discharged from employment due to an altercation with a co-worker. The Unemployment Insurance Appeal Board determined this conduct constituted misconduct, thereby disqualifying him from receiving unemployment insurance benefits. The court affirmed this decision, finding it supported by substantial evidence. It reiterated that fighting with a co-worker can be considered disqualifying misconduct, irrespective of who initiated the confrontation. The claimant's assertion of appropriate action was deemed a credibility matter for the Board to resolve, leading to the affirmance of the Board's decision without costs.
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