Pittman v. Helena Rubenstein Laboratories, Inc.

Appellate Division of the Supreme Court of New York

Pittman v. Helena Rubenstein Laboratories, Inc.

47 A.D.2d 773, 365 N.Y.S.2d 61, 1975 N.Y. App. Div. LEXIS 9077

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

DecidedMarch 6, 1975

StatusPublished

This text of 47 A.D.2d 773 (Pittman v. Helena Rubenstein Laboratories, 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

Pittman v. Helena Rubenstein Laboratories, Inc., 47 A.D.2d 773, 365 N.Y.S.2d 61, 1975 N.Y. App. Div. LEXIS 9077 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed April 11, 1973, which reversed the referee’s decision and disallowed the claim. The claimant, who was employed as a general factory worker by the employer for 10 years, had been ordered by her supervisor to stock cartons. Although there is sharp testimony to the contrary, she alleges that while lifting a carton she felt a sharp pain in her back running down her leg with resultant back injury. After hearings the referee found “accident, notice and causal relationship established re: back”. On appeal the board panel found that the claimant did not sustain an accidental injury arising out of and in the course of an employment, reversed the referee’s decision, disallowed the claim and closed the case. The testimony of the company nurse and other employees provides substantial evidence for the board’s determination that claimant did not sustain an actual injury. The credibility of witnesses is within the fact-finding power of the board, and we may not disturb its determinations on questions of fact and credibility (Matter of Carpenter v. Ceramic Systems, 44 A D 2d 348). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Larldn, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed April 11, 1973, which reversed the referee’s decision and disallowed the claim. The claimant, who was employed as a general factory worker by the employer for 10 years, had been ordered by her supervisor to stock cartons. Although there is sharp testimony to the contrary, she alleges that while lifting a carton she felt a sharp pain in her back running down her leg with resultant back injury. After hearings the referee found “accident, notice and causal relationship established re: back”. On appeal the board panel found that the claimant did not sustain an accidental injury arising out of and in the course of an employment, reversed the referee’s decision, disallowed the claim and closed the case. The testimony of the company nurse and other employees provides substantial evidence for the board’s determination that claimant did not sustain an actual injury. The credibility of witnesses is within the fact-finding power of the board, and we may not disturb its determinations on questions of fact and credibility (Matter of Carpenter v. Ceramic Systems, 44 A D 2d 348). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Larldn, JJ., concur.

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Bluebook (online)

47 A.D.2d 773, 365 N.Y.S.2d 61, 1975 N.Y. App. Div. LEXIS 9077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pittman-v-helena-rubenstein-laboratories-inc-nyappdiv-1975.