YONKERS, NY — December 2, 2020 — Please accept the following information as filing a formal complaint with your offices charging Disability Discrimination against the Yonkers Board of Education and Carlos Moran for denying me the contractual 60 Days work related injury leave 12(I) and for consuming 42.5 days of my accruals for my affirmed work related injury of January 27th 2020.
Through hearings, medical evidence and testimony (all pertinent files attached) the NYS Workers Compensation Board affirmed that I in fact received a work related injury on January 27th 2020.
In response Mr. Moran and the Yonkers School District refuse to acknowledge the affirmed legal conclusion that on January 27th 2020, I sustained a NEW work related injury for which I was denied my contractual rights and had my accruals consumed.
The Yonkers Board of Education and Mr. Carlos Moran do not have the authority to overrule a binding legal medical determination and in doing so are not only breaking the law but refusing to grant my contractual rights (thereby violating the CBA) to a 60 days work related injury leave and engaging in Disability Discrimination against me.
Hopefully you can resolve this issue which numerous precious attempts to resolve have been met with unabashed denial of the facts and my rights under the CBA and ADA.
The remedy is simply for Mr. Carlos Moran and the Yonkers Board of Education to obey the LAW and provide me the cumulative amount of days (44 work days for the 60 days work related injury leave and 42.5 work days for the incorrect usage of my accruals) to use or payment for the 60 days work related injury and payment or use of the 42.5 accruals used for the established work related injury of January 27th 2020
I look forward to your response.
Joseph S. Lento
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