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MATTER OF SOMERS v. TEXACO, INC.

174 A.D.2d 842 (1991)

In the Matter of the Claim of John Somers, Respondent, v. Texaco, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

June 13, 1991

Whether a claimant's disability is schedulable is a question of fact within the exclusive province of the Workers' Compensation Board to resolve and its determination of the issue must be upheld if supported by substantial evidence (Matter of Donahue v Thomas H. Bradley, Inc., 90 A.D.2d 611). The record in this case contains substantial evidence to sustain the finding that claimant had...

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