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Matter of Curley v. City of Binghamton

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1993
199 A.D.2d 784 (N.Y. App. Div. 1993)

Opinion

December 23, 1993

Appeal from the Workers' Compensation Board.


Claimant was employed as a captain in the City of Binghamton Fire Department when he experienced angina while fighting a fire. Upon examination, claimant was found to be suffering from arteriosclerotic heart disease. We find that medical testimony provided substantial evidence to support the Board's determination that the angina constituted a compensible injury but that the arteriosclerotic heart disease was not an occupational disease. The existence of conflicting medical testimony presented a credibility issue for the Board to resolve.

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Cardona, JJ., concur. Ordered that the decision and amended decision are affirmed, without costs.


Summaries of

Matter of Curley v. City of Binghamton

Appellate Division of the Supreme Court of New York, Third Department
Dec 23, 1993
199 A.D.2d 784 (N.Y. App. Div. 1993)
Case details for

Matter of Curley v. City of Binghamton

Case Details

Full title:In the Matter of the Claim of THOMAS J. CURLEY, Appellant, v. CITY OF…

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

Date published: Dec 23, 1993

Citations

199 A.D.2d 784 (N.Y. App. Div. 1993)
608 N.Y.S.2d 126