Claim of Zivitz v. J & S Meat Corp.

Casey and Weiss, JJ.,

dissent and vote to affirm in the following memorandum by Casey, J. Casey, J. (dissenting). Since the record contains the reports of two medical experts concluding that decedent’s work-related heart condition contributed to his death, the contrary evidence in the record created a classic case of conflicting expert medical opinions. Our scope of review of Workers’ Compensation Board decisions does not include the power to substitute our view of the factual merits of a controversy for that of the Board (Matter of Axel v Duffy-Mott Co., 47 NY2d 1, 6). The conflicting expert…