MATTER OF MAMMARELLO v. HUBBS & HOWE CO., INC.


175 A.D.2d 968 (1991)

In the Matter of the Claim of Angelo Mammarello, Respondent, v. Hubbs & Howe Company, Inc., et al., Appellants. Workers, Compensation Board, Respondent

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

August 29, 1991


The Workers' Compensation Board concluded that claimant's repeated lifting while loading and unloading the truck he drove for the employer acted upon his quiescent arthritic back condition and that, on June 18, 1984, it precipitated a disability that had not previously existed. This conclusion was based primarily on the testimony of claimant and his physician and it was within the Board's province to assess the credibility of the...

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