MATTER OF KORZENIEWSKI v. M. W. KELLOGG CO.


12 A.D.2d 570 (1960)

In the Matter of the Claim of Michael Korzeniewski, Respondent, v. M. W. Kellogg Company et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 4, 1960


Claimant testified that while working as a boilermaker he dropped a baffle plate weighing 25 to 30 pounds on his right big toe, that he reported the accident to his foreman who obtained a bandage and bandaged the toe. The foreman testified that he did apply the bandage but that claimant did not report an accident, that "I thought he had trouble and I put a bandage on it and I didn't think anything about it." The conflict in testimony gave rise merely to an issue of credibility...

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