Appellate Division of the Supreme Court of New York, 1964

Claim of Ostroff v. Fein-Schlosberg, Inc.

Claim of Ostroff v. Fein-Schlosberg, Inc.
Appellate Division of the Supreme Court of New York · Decided December 17, 1964 · Aulisi
22 A.D.2d 974; 254 N.Y.S.2d 551; 1964 N.Y. App. Div. LEXIS 2528
Claim of Ostroff v. Fein-Schlosberg, Inc.

Opinion of the Court

Aulisi, J.

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 *975and 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.

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