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Matter of Abercrombie v. Ryder Maintenance

Appellate Division of the Supreme Court of New York, Third Department
Sep 13, 1990
165 A.D.2d 926 (N.Y. App. Div. 1990)

Opinion

September 13, 1990

Appeal from the Workers' Compensation Board.


The issues raised herein involve questions of fact relating to credibility and medical causation and were properly determined in claimant's favor (see, Matter of Film v. Holmes Transp., 147 A.D.2d 831). Any conflicting inferences presented by the evidence or the testimony were for the Workers' Compensation Board to resolve (see, Matter of Boscaino v. Montefiore Med. Center, 90 A.D.2d 611). Here, claimant's detailed and coherent account of the events surrounding the sudden paralysis on his left side, Dr. Paul Clark's testimony that the disability was causally related to claimant's employment, and the acknowledgement by the employer and carrier's expert that physical exertion by an individual with arteriosclerotic heart disease might precipitate a stroke, provide substantial evidence to support the Board's determination (see, Matter of Gaylord v. Ronald Gaylord, Inc., 90 A.D.2d 609).

Decision affirmed, without costs. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Mercure, JJ., concur.


Summaries of

Matter of Abercrombie v. Ryder Maintenance

Appellate Division of the Supreme Court of New York, Third Department
Sep 13, 1990
165 A.D.2d 926 (N.Y. App. Div. 1990)
Case details for

Matter of Abercrombie v. Ryder Maintenance

Case Details

Full title:In the Matter of the Claim of JESSIE ABERCROMBIE, Respondent, v. RYDER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 13, 1990

Citations

165 A.D.2d 926 (N.Y. App. Div. 1990)
560 N.Y.S.2d 367

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