Summary
In Matter of Levy v. American Furniture-Jewelry Corp. (286 App. Div. 105 2) there was a serious conflict between the testimony of the claimant and his witnesses and the employer's insurance carrier and its witnesses on the issue of the happening of the accident.
Summary of this case from Drier v. Randforce Amusement Corp.Opinion
October 6, 1955.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Bergan, Coon, Halpern and Zeller, JJ.
The claimant, who suffered from diabetes, testified that he had sustained an injury to his foot while engaged in his employment and that this injury had resulted in a serious infection ultimately requiring the foot to be amputated. There was a serious conflict between the testimony of the claimant and his witnesses and the testimony of the witnesses called by the carrier. The board disbelieved the claimant and his witnesses and found that no such accident as that described by them had occurred. This was a permissible conclusion for the board to reach upon the whole record. Decision unanimously affirmed, without costs.