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MATTER OF BARNATHAN v. RALPH'S PEARL ST., INC.

54 A.D.2d 989 (1976)

In the Matter of the Claim of Morris Barnathan, Respondent, v. Ralph's Pearl Street, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

November 4, 1976

The sole issue raised by the appellants in their appeal to the board was the credibility of the claimant's testimony that he had been engaged in lifting and moving several cartons immediately before and at the time he sustained a myocardial infarction. The record contains no documentary or conclusive eyewitness evidence which is of such a nature as to render the claimant's testimony as to lifting cartons incredible as a matter of...

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