Opinion
August 1, 1961
Claimant appeals from a disallowance of his claim for compensation benefits. Claimant alleged the accident happened on December 6, 1957 at about 8:15 A.M. when, while working alone and after picking up a bag of laundry and in the act of standing up, he struck his head against a truck, became dizzy and felt nauseated but continued working the remainder of the day. Because of his condition, while driving his automobile home he stopped at his doctor's. He was thereafter sent home by his doctor, became nauseated during the night and remained in bed for approximately 10 days. The doctor who first diagnosed the condition as a migraine headache testified he became suspicious of a brain condition and had a neurosurgeon, Dr. Friedman, make an examination. Thereafter the claimant returned to work December 23 and continued until January 20, 1958 when he had another episode of nausea. He was sent to the hospital where his condition was diagnosed by the neurosurgeon as a subdural hematoma. An operation was performed on February 1, 1958 and he was discharged on February 22. On March 18, 1958, he filed a claim for compensation benefits. The board denied the application stating: "Upon review of the facts presented and on the basis of the credible evidence contained in the record * * * the claimant did not sustain an accidental injury arising out of and in the course of the employment in the manner alleged". The record shows that when claimant stopped at the doctor's on his way home from work on the day of the alleged accident, he made no mention of such an incident and personally paid for the services rendered. Dr. Friedman at the time of his examination and subsequent operation stated he had no knowledge of any alleged head injury. It further appears that on March 1, claimant filed for disability insurance benefits and received $1,017. The medical testimony offered on his behalf was to the effect that if the facts as to the happening of the accident were accepted as true, the injury could be considered as a cause for the presence of the subdural hematoma. It was further testified that head injuries were the common cause of such a condition. The attending physician testified that his original diagnosis was that of a migraine headache and he told the claimant that it was not a compensation case but that later in April, after claimant and his family told the doctor they had decided to make it a compensation case, he filed the necessary forms. The history sheet which he took the first day claimant came to see him was not in his file. He testified that he had thrown it away but retained all of the remainder of the record of plaintiff's case history. The hospital record, made under the direction of both the attending physician and the neurosurgeon, made no mention of any head injury. The board's determination here was that the credible evidence did not sustain an accidental injury and it has been repeatedly held by this court that the question of credibility is strictly within the province of the board and this court will not interfere with such finding when it is supported by substantial evidence. Decision affirmed, without costs. Bergan, P.J., Gibson, Herlihy and Reynolds, JJ., concur.