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MATTER OF CHAFFIN v. REGAN

173 A.D.2d 1080 (1991)

In the Matter of James A. Chaffin, Petitioner, v. Edward V. Regan, as New York State Comptroller, et al., Respondents

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

May 16, 1991

The record shows two different medical opinions as to whether petitioner was permanently incapacitated from performing his duties as a truck driver. It is well settled that the evaluation of conflicting medical evidence by respondent Comptroller must be accepted (Matter of Curley v Regan, 102 A.D.2d 939) and he may accord more weight to the testimony of one physician than that of another...

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