From Casetext: Smarter Legal Research

Matter of Lynch v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Third Department
Jan 31, 1991
169 A.D.2d 1029 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Workers' Compensation Board.


Although it is conceded that claimant's decedent died as a result of the disease lymphonatoid granulomatosis, which affects the lungs as well as the skin and central nervous system, the Workers' Compensation Board was faced with conflicting expert medical opinions as to whether the disease was related to decedent's exposure to toxic chemicals and fumes at work. "Questions of credibility, reasonableness and weight of medical evidence are for the [B]oard to decide" (Matter of Adler v Guild Elecs., 97 A.D.2d 606). Here, although claimant's experts determined that the disease was directly related to decedent's occupation, both the employer's experts and the impartial specialist found no such causal relationship. Under the circumstances, the Board's resolution of the factual issues created by the conflicting medical proof against claimant was supported by substantial evidence (see, supra; see also, Matter of De Maio v Rockford Plumbing Heating, 63 A.D.2d 1041, affd 48 N.Y.2d 665).

Decision affirmed, without costs. Weiss, J.P., Mikoll, Levine, Mercure and Harvey, JJ., concur.


Summaries of

Matter of Lynch v. New York City Hous. Auth

Appellate Division of the Supreme Court of New York, Third Department
Jan 31, 1991
169 A.D.2d 1029 (N.Y. App. Div. 1991)
Case details for

Matter of Lynch v. New York City Hous. Auth

Case Details

Full title:In the Matter of the Claim of CAROL J. LYNCH, Appellant, v. NEW YORK CITY…

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 1029 (N.Y. App. Div. 1991)
565 N.Y.S.2d 309

Citing Cases

Matter of Paeth v. Hawk Frame Axle, Inc.

Claimant's physician, Joseph McDonald, testified that claimant's back pain was due to, inter alia, nerve root…

Claim of Kroeger v. New York State Workers' Compensation Board

Another expert testified that the work-related stresses experienced by decedent before his death were not…