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Senior Associate Kevin D. Clinton Granted Directed Verdict and Wins Dismissal of Workers’ Compensation Discrimination Claim

Posted: April 28, 2022

Kevin D. Clinton was granted a directed verdict in a discrimination claim brought in the Discrimination Unit of the New York State Workers’ Compensation Board. The trial hearings began with claimant’s direct testimony and then cross-examination. During cross-examination, claimant admitted that she had not been terminated, demoted, or otherwise negatively impacted by the employer since having filed for Workers’ Compensation benefits. At the close of cross-examination, Kevin moved for a directed verdict, arguing that claimant had failed to meet her evidentiary burden to demonstrate that the employer had discriminated against her because she had filed for Workers’ Compensation benefits. After deliberation, Workers’ Compensation Law Judge Michelle Richburg issued a verbal decision granting that motion and dismissing the claim.