Julian v. New York Telephone Co.

Herlihy, J. (dissenting).

The evaluation of testimony and other evidentiary matters is primarily for the Workers’ Compensation Board. While it is entirely possible that the oral notice of claimant’s injury did not reach each and every division of the employer, there was testimony of oral notice and it is established that he became so ill on the job that a supervisor gave him transportation to the hospital.

The board in its amended decision found that the assignment of the claimant to light duty and the payment of disability benefits were with knowledge of an injury on the job, and there is…