Claim of Walter v. Ed Walters, Inc.

Appellate Division of the Supreme Court of New York

Claim of Walter v. Ed Walters, Inc.

26 A.D.2d 870, 273 N.Y.S.2d 1006, 1966 N.Y. App. Div. LEXIS 3288

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

DecidedOctober 21, 1966

StatusPublished

Cited by1 cases

This text of 26 A.D.2d 870 (Claim of Walter v. Ed Walters, Inc.) 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 Walter v. Ed Walters, Inc., 26 A.D.2d 870, 273 N.Y.S.2d 1006, 1966 N.Y. App. Div. LEXIS 3288 (N.Y. Ct. App. 1966).

Pincite

Opinion

Memorandum by the Court. Appeal from a decision of the Workmen’s Compensation Board reversing the decision and award of the Referee and dismissing the claim. The question to be determined is whether the claimant sustained an injury arising out of and in the course of the employment. The board, in its decision, held as follows: “ The Board finds on the credible evidence that it does not believe the claimant’s allegations as to the events leading to the injury. The Board finds that the claimant deviated from the employment and was engaged in a purely personal activity at the time of the injury which was unconnected with the employment. The Board finds the claimant did not sustain an accidental injury arising out of and in the course of the employment.” The record indicates such flagrant contradictions in the testimony of claimant’s witnesses as to amply support the board’s finding. “ The board has power to accept or reject testimony and it has seen fit to find the testimony in this record incredible. It was within the board’s province to reject the claimant’s testimony as to the alleged business appointment.” (Matter of Gordon v. Gordon & Hyman, 11 A D 2d 833.) Decision affirmed, with costs to respondent carrier. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Memorandum by the Court. Appeal from a decision of the Workmen’s Compensation Board reversing the decision and award of the Referee and dismissing the claim. The question to be determined is whether the claimant sustained an injury arising out of and in the course of the employment. The board, in its decision, held as follows: “ The Board finds on the credible evidence that it does not believe the claimant’s allegations as to the events leading to the injury. The Board finds that the claimant deviated from the employment and was engaged in a purely personal activity at the time of the injury which was unconnected with the employment. The Board finds the claimant did not sustain an accidental injury arising out of and in the course of the employment.” The record indicates such flagrant contradictions in the testimony of claimant’s witnesses as to amply support the board’s finding. “ The board has power to accept or reject testimony and it has seen fit to find the testimony in this record incredible. It was within the board’s province to reject the claimant’s testimony as to the alleged business appointment.” (Matter of Gordon v. Gordon & Hyman, 11 A D 2d 833.) Decision affirmed, with costs to respondent carrier. Gibson, P. J., Herlihy, Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.

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Bluebook (online)

26 A.D.2d 870, 273 N.Y.S.2d 1006, 1966 N.Y. App. Div. LEXIS 3288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-walter-v-ed-walters-inc-nyappdiv-1966.

Opinion

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