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Matter of Kinard v. Battle Verzeni Constr

Appellate Division of the Supreme Court of New York, Third Department
Apr 26, 1990
160 A.D.2d 1208 (N.Y. App. Div. 1990)

Opinion

April 26, 1990

Appeal from the Workers' Compensation Board.


The employer, Battle Verzeni Construction Company, contends that the Workers' Compensation Board's finding of a causally related disability is not supported by substantial evidence. In particular, the employer points to certain alleged inconsistencies and asserts that the testimony of claimant's expert is incredible as a matter of law. Based upon our review of the record, however, we agree with the Board that the claimed inconsistencies, together with the conflicting opinion of the employer's expert, created a factual question of credibility which was for the Board to resolve (see, e.g., Matter of Film v Holmes Transp., 147 A.D.2d 831). We also find no merit in the employer's argument that the Board could not award an appearance fee to claimant's medical expert (see, 12 NYCRR 301.1).

Decision affirmed, with costs to the Workers' Compensation Board. Mahoney, P.J., Casey, Weiss, Levine and Harvey, JJ., concur.


Summaries of

Matter of Kinard v. Battle Verzeni Constr

Appellate Division of the Supreme Court of New York, Third Department
Apr 26, 1990
160 A.D.2d 1208 (N.Y. App. Div. 1990)
Case details for

Matter of Kinard v. Battle Verzeni Constr

Case Details

Full title:In the Matter of the Claim of MACKSON KINARD, Respondent, v. BATTLE…

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

Date published: Apr 26, 1990

Citations

160 A.D.2d 1208 (N.Y. App. Div. 1990)
555 N.Y.S.2d 469

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