Claim of Booñe v. Orange Steel Erectors, Inc.

I respectfully dissent. Heedful that *631the Workers’ Compensation Board’s assessment of the credibility of witnesses and the inferences to be drawn therefrom will be determinative if supported by substantial evidence (see, Matter of Grucza v Waste Stream Technology, 252 AD2d 901; Matter of Billings v Dime Sav. Bank, 236 AD2d 649), I do not find the record here so lacking as to warrant our intrusion into that domain.

Claimant’s testimony, found wholly credible by the Board, detailed that he engaged in strenuous physical activity on behalf of this employer on May 3, May 6 and May 7, 1996. Admitting…