A workers’ compensation claimant fired for seeking benefits is entitled to predecision interest on an award of back pay, a divided New York Court of Appeals held Thursday in a split and limited decision.
The court upheld a determination of a Workers’ Compensation Law judge and toppled rulings of the Workers’ Compensation Board and Appellate Division, 3rd Department, in holding that predecision interest is permissible under Workers’ Compensation Law �120. But it stressed that its decision is limited solely to �120.
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