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Matter of Alexander v. Wm. Spencer Son Corp.

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 1952
280 App. Div. 905 (N.Y. App. Div. 1952)

Opinion

September 24, 1952.

Appeal from Workmen's Compensation Board.


Claimant was injured in the course of his employment on July 16, 1948, and awards from that date to February 2, 1949, have been paid. It is the contention of the appellant that there is no evidence of disability subsequent to February 1, 1949. There is considerable medical testimony that such is the case. The board would have been upon firm ground if it had decided this case the other way. However, claimant's attending physician testified unequivocally that claimant's partial disability continued during the period involved. The board was at liberty to adopt and give credence to his testimony if it saw fit. Questions of fact and of credibility of witnesses are exclusively for the board to determine. Award affirmed, with costs to the Workmen's Compensation Board. Foster, P.J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part.


Summaries of

Matter of Alexander v. Wm. Spencer Son Corp.

Appellate Division of the Supreme Court of New York, Third Department
Sep 24, 1952
280 App. Div. 905 (N.Y. App. Div. 1952)
Case details for

Matter of Alexander v. Wm. Spencer Son Corp.

Case Details

Full title:In the Matter of the Claim of ROBERT L. ALEXANDER, Respondent, against WM…

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

Date published: Sep 24, 1952

Citations

280 App. Div. 905 (N.Y. App. Div. 1952)

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