Opinion
December 21, 1970
Appeal by the claimant from a decision of the Workmen's Compensation Board holding that the claimant sustained no causally related loss of vision in his right eye. The board found "upon review of the entire record" that claimant sustained no causally related loss of vision in the right eye. This decision is factual, and thus if supported by substantial evidence, it must be affirmed (e.g., Matter of Payton v. Stahl, 19 A.D.2d 945). The present record presents no more than conflicting medical testimony as to the cause of claimant's loss of vision in his right eye, and the board could properly choose the evidence negating causal relationship ( Matter of Palermo v. Gallucci Sons, 5 N.Y.2d 529). Appellant raises objections as to the testimony of the impartial specialist, but even assuming arguendo his position is correct in this respect, there is nevertheless substantial evidence in the form of other medical testimony to support the board's conclusion. Decision affirmed, without costs. Herlihy, P.J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur.