Legal Opinion
Claim of Thomasula v. Wilson Concrete & Masonry
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 2005PublishedCited by 6 opinions
1Opinion of the Court
Mercure, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed February 24, 2003, which ruled that claimant did not sustain an accidental injury in the course of his employment and denied his claim for workers’ compensation benefits.
Claimant sought workers’ compensation benefits in February 2001 for an injury allegedly sustained to his left shoulder in October 1999 during the course of his employment as a laborer. Ultimately, the Workers’ Compensation Board found that claimant’s testimony regarding the accident was not credible and, therefore, insufficient to establish a…
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