Partner David Secemski recently secured a favorable decision in a WCL Section 120 case before the New York State Workers’ Compensation Board (NYSWCB) on the grounds of discrimination.
The claimant experienced two separate work-related injuries in 2022. After a brief period of lost time following one of the injuries, the claimant returned to work. Both cases resolved with a schedule loss of use (SLU) award. Thereafter, the claimant made a claim against the employer for discrimination under WCL Section 120.
The claim alleged that the employer retaliated and discriminated against the employee for having filed or pursued Workers’ Compensation benefits. In this case, the claimant remained an employee after the injuries but was demoted. He claimed the demotion was the direct result of the two Workers’ Compensation claims he pursued. Secemski sought records from the employer to demonstrate the demotion was due to job performance and worked with the claimant’s supervisor to prepare for testimony.
Secemski argued that the claimant’s demotion was based on a bona fide business decision and was not discriminatory or retaliatory. With the burden of proof for such claims on the claimant, Secemski demonstrated that the claimant failed to provide such proof.
When successful, WCL Section 120 claims can require the employer to make payment for retroactive lost wages, take corrective action to restore the claimant to his or her position as well as pay for any attorney’s fees over and above a monetary award to the claimant. The decision in favor of Secemski potentially saved the employer tens of thousands of dollars and prevented them from having to promote the claimant to a position for which they felt he was not qualified.
Please join us in congratulating David Secemski on his incredible work. Contact our appellate team at clientservices@jonesjonesllc.com if you are in need of assistance with a workers’ compensation case.