Legal Opinion
Claim of White v. Food
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2001PublishedCited by 4 opinions
1Opinion of the Court
—Appeal from a decision of the Workers’ Compensation Board, filed January 19, 2000, which ruled that claimant had given timely notice of injury.
The Workers’ Compensation Board is entitled to assess the credibility of witnesses and “is the sole and final arbiter of whether the testimony of a particular witness is worthy of belief’ (Matter of Altman v Hazan Import Corp., 198 AD2d 674, 675). On the issue of whether claimant gave timely notice of the work-related nature of his injury to the employer, claimant’s testimony, which is supported by that of his wife, is not replete with inconsistencies…
2Cases cited4 opinions
- Claim of Altman v. Kazan Import Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Claim of Jhoda v. Mauser Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Claim of Lewis v. Cambridge Filter Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Claim of Konstantinakos v. Plaza HotelAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by4 opinions
- Claim of Johnson v. Onondaga Heating & Air ConditioningAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Pisarek v. CutleryAppellate Division of the Supreme Court of the State of New York · 2006
- Claim of Walker v. Greene Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
- Claim of Tangora v. Volume Services AmericaAppellate Division of the Supreme Court of the State of New York · 2006