Claim of Michaels v. Village of Johnson City

Appellate Division of the Supreme Court of New York

Claim of Michaels v. Village of Johnson City

75 A.D.2d 697, 427 N.Y.S.2d 305, 1980 N.Y. App. Div. LEXIS 11164

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

DecidedApril 24, 1980

StatusPublished

This text of 75 A.D.2d 697 (Claim of Michaels v. Village of Johnson City) 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 Michaels v. Village of Johnson City, 75 A.D.2d 697, 427 N.Y.S.2d 305, 1980 N.Y. App. Div. LEXIS 11164 (N.Y. Ct. App. 1980).

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Opinion

Appeal from a decision of the Workers’ Compensation Board, filed March 23, 1979. Substantial evidence supports the finding that claimant’s disability is compensable as the result of a work-related accident. In attacking thé board’s determination, the self-insured employer criticizes the testimony of claimant’s expert medical witness and maintains that claimant did not sustain a myocardial infarction following strenuous efforts while fighting a fire on November 29,1977. While the validity of the opinion given by that witness was questioned on cross-examination, he clearly stated the reasons for his view and it was for the board to decide whether it should be accepted. The opinion he expressed was not speculative (cf. Matter of Beltran v Allied Maintenance Corp., 45 AD2d 795) and the board was free to prefer it over the contrary medical evidence developed by the employer (Matter of Currie v Town of Davenport, 37 NY2d 472). Decision affirmed, with one bill of costs to respondents filing briefs. Mahoney, P. J., Greenblott, Sweeney, Kane and Casey, JJ., concur.

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Appeal from a decision of the Workers’ Compensation Board, filed March 23, 1979. Substantial evidence supports the finding that claimant’s disability is compensable as the result of a work-related accident. In attacking thé board’s determination, the self-insured employer criticizes the testimony of claimant’s expert medical witness and maintains that claimant did not sustain a myocardial infarction following strenuous efforts while fighting a fire on November 29,1977. While the validity of the opinion given by that witness was questioned on cross-examination, he clearly stated the reasons for his view and it was for the board to decide whether it should be accepted. The opinion he expressed was not speculative (cf. Matter of Beltran v Allied Maintenance Corp., 45 AD2d 795) and the board was free to prefer it over the contrary medical evidence developed by the employer (Matter of Currie v Town of Davenport, 37 NY2d 472). Decision affirmed, with one bill of costs to respondents filing briefs. Mahoney, P. J., Greenblott, Sweeney, Kane and Casey, JJ., concur.

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Bluebook (online)

75 A.D.2d 697, 427 N.Y.S.2d 305, 1980 N.Y. App. Div. LEXIS 11164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-michaels-v-village-of-johnson-city-nyappdiv-1980.

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