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Matter of Bedford v. R.D. McCarthy Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Oct 16, 1986
124 A.D.2d 331 (N.Y. App. Div. 1986)

Opinion

October 16, 1986

Appeal from the Workers' Compensation Board.


In its decision the Workers' Compensation Board held that, based on the testimony of several physicians and specifically the report filed by claimant's expert, Dr. Ronald J. Dougherty, "claimant was temporarily totally disabled subsequent to April 6, 1982 generating a continuing rate of $215.00". There is substantial evidence to sustain the determination of the Board. The evidence presented by the medical experts was conflicting and the Board's crediting of the testimony of claimant's expert is a sufficient basis for its decision (see, Matter of Bartolotta v Metz, 96 A.D.2d 636, 637; Matter of Stein v New York Times Co., 78 A.D.2d 757; see also, Matter of Axel v Duffy-Mott Co., 47 N.Y.2d 1, 6).

Decision affirmed, without costs. Mahoney, P.J., Kane, Weiss, Mikoll and Levine, JJ., concur.


Summaries of

Matter of Bedford v. R.D. McCarthy Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Oct 16, 1986
124 A.D.2d 331 (N.Y. App. Div. 1986)
Case details for

Matter of Bedford v. R.D. McCarthy Co., Inc.

Case Details

Full title:In the Matter of the Claim of SCOTT E. BEDFORD, Respondent, v. R.D…

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

Date published: Oct 16, 1986

Citations

124 A.D.2d 331 (N.Y. App. Div. 1986)