Claim of Gubkin v. Supermarket Operating Co.

Appellate Division of the Supreme Court of New York

Claim of Gubkin v. Supermarket Operating Co.

30 A.D.2d 735, 291 N.Y.S.2d 555, 1968 N.Y. App. Div. LEXIS 3583

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 27, 1968

StatusPublished

This text of 30 A.D.2d 735 (Claim of Gubkin v. Supermarket Operating Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Gubkin v. Supermarket Operating Co., 30 A.D.2d 735, 291 N.Y.S.2d 555, 1968 N.Y. App. Div. LEXIS 3583 (N.Y. Ct. App. 1968).

Pincite

Opinion

Herlihy, J.

Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board awarding compensation benefits to the claimant. The board upon application of the claimant twice reversed decisions of the Referee in favor of the appellants. Upon the entry of an award by the Referee the carrier sought board review by an application dated July .27, 1967 upon the same grounds set forth in its [736]*736reply letter dated June 14, 1966 and the previous oral argument before the board panel. The sole issue raised in the letter dated June 14, 1966 and the subsequent oral argument was the credibility of the claimant. Accordingly, the contention presented here as to the medical evidence is improperly raised. In any event in our view causal relationship was shown. As to whether or not the claimant had moved some heavy cases of meat prior to his heart attack, the basic issue was one of the claimant’s credibility and we find the board’s determination in favor of the claimant supported by substantial evidence in the record. Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Herlihy, J.

Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board awarding compensation benefits to the claimant. The board upon application of the claimant twice reversed decisions of the Referee in favor of the appellants. Upon the entry of an award by the Referee the carrier sought board review by an application dated July .27, 1967 upon the same grounds set forth in its [736]*736reply letter dated June 14, 1966 and the previous oral argument before the board panel. The sole issue raised in the letter dated June 14, 1966 and the subsequent oral argument was the credibility of the claimant. Accordingly, the contention presented here as to the medical evidence is improperly raised. In any event in our view causal relationship was shown. As to whether or not the claimant had moved some heavy cases of meat prior to his heart attack, the basic issue was one of the claimant’s credibility and we find the board’s determination in favor of the claimant supported by substantial evidence in the record. Decision affirmed, with costs to the Workmen’s Compensation Board. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.

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Bluebook (online)

30 A.D.2d 735, 291 N.Y.S.2d 555, 1968 N.Y. App. Div. LEXIS 3583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gubkin-v-supermarket-operating-co-nyappdiv-1968.