Opinion
May 1, 1967
Appeal by the employer and its insurance carrier from a decision of the Workmen's Compensation Board which reversed a Referee's decision and found that claimant suffered injuries from an accidental fall. The sole issue upon this appeal is whether or not the testimony of the claimant is incredible as a matter of law. It is axiomatic that the question of credibility is a factual issue for the board. In the present case while another trier of the facts might find that the weight of the evidence favored appellants, nevertheless the claimant's version is substantial evidence which the board has elected to accept. Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J.