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Matter of Ostroff v. Fein-Schlosberg, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Dec 17, 1964
22 A.D.2d 974 (N.Y. App. Div. 1964)

Opinion

December 17, 1964


Appeal from a decision of the Workmen's Compensation Board which found no causal relation between a compensable ankle fracture and claimant's subsequent heart disability. Claimant contends that the cardiac attack was due to a pulmonary embolism caused by an embolus released from the site of his ankle fracture when the cast was removed and therefore the heart attack and resultant disability are compensable. The expert medical testimony is conflicting in its conclusions. Questions of credibility, reasonableness and weight of the conflicting testimony were for the board (see Matter of Zaepfel v. du Pont de Nemours Co., 284 App. Div. 693, 695, affd. 309 N.Y. 962). Decision affirmed, without costs. Gibson, P.J., Reynolds, Taylor and Hamm, JJ., concur.


Summaries of

Matter of Ostroff v. Fein-Schlosberg, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Dec 17, 1964
22 A.D.2d 974 (N.Y. App. Div. 1964)
Case details for

Matter of Ostroff v. Fein-Schlosberg, Inc.

Case Details

Full title:In the Matter of the Claim of SAMUEL OSTROFF, Appellant, v…

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

Date published: Dec 17, 1964

Citations

22 A.D.2d 974 (N.Y. App. Div. 1964)