Appellate Division of the Supreme Court of New York, 1993

Claim of Da Cunha v. Canteen Co

Claim of Da Cunha v. Canteen Co
Appellate Division of the Supreme Court of New York · Decided December 23, 1993
199 A.D.2d 812; 608 N.Y.S.2d 123; 1993 N.Y. App. Div. LEXIS 12219
Claim of Da Cunha v. Canteen Co

Opinion of the Court

Appeals from a decision and an amended decision of the Workers’ Compensation Board, filed December 30, 1991 and October 27, 1992, which, inter alia, ruled that claimant sustained a causally related total disability.

The Board’s decision that claimant was totally disabled is supported by substantial evidence and should not be disturbed. It was within the Board’s province to assess the credibility of the witnesses and any conflicting medical inferences were for the Board to resolve. The employer’s remaining contentions have been examined and rejected as either unpersuasive or not properly preserved for our review.

Weiss, P. J., Crew III, Cardona, White and Casey, JJ., concur. Ordered that the decision and amended decision are affirmed, without costs.

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