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Claim of De Hart v. Diversified Services

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1981
83 A.D.2d 685 (N.Y. App. Div. 1981)

Opinion

July 9, 1981


Appeal, by the employer and its insurance carrier, from a decision of the Workers' Compensation Board, filed August 19, 1980, affirming an award for total disability resulting from causally related coronary insufficiency and angina pectoris. The board found: "Upon review of the record as a whole, particularly the testimony of the claimant and Dr. Atlas, the Board Panel finds that claimant's heart condition and disability is due to his work effort of March 31, 1979 and that timely notice was given." There is substantial evidence to sustain the determination of the board. It is within the power of the Administrative Law Judge and the board on review, to weigh and evaluate evidence and to decide whether the testimony of a physician, or any part thereof, be deemed credible, and whether that evidence establishes causal relationship (Matter of Currie v. Town of Davenport, 37 N.Y.2d 472; Matter of Cyr v. Bero Constr. Corp., 75 A.D.2d 914). The board's determination is not unreasonable and should not be disturbed. The carrier had ample opportunity to have claimant examined by a physician of its choice (Workers' Compensation Law, § 13-a, subd [4]; see Matter of Reitzen v. Brooklyn Carpet Exch., 74 A.D.2d 941). Decision affirmed, with costs to the Workers' Compensation Board. Sweeney, J.P., Kane, Mikoll and Yesawich, Jr., JJ., concur.


Summaries of

Claim of De Hart v. Diversified Services

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1981
83 A.D.2d 685 (N.Y. App. Div. 1981)
Case details for

Claim of De Hart v. Diversified Services

Case Details

Full title:In the Matter of the Claim of GEORGE DE HART, Respondent, v. DIVERSIFIED…

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

Date published: Jul 9, 1981

Citations

83 A.D.2d 685 (N.Y. App. Div. 1981)