MATTER OF Da CUNHA v. CANTEEN CO.


199 A.D.2d 812 (1993)

608 N.Y.S.2d 123

In the Matter of the Claim of Custodia Da Cunha, Respondent, v. Canteen Company, Care of Pepsi Cola, et al., Appellants. Workers' Compensation Board, Respondent

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

December 23, 1993


The Board's decision that claimant was totally disabled is supported by substantial evidence and should not be disturbed. It was within the Board's province to assess the credibility of the witnesses and any conflicting medical inferences were for the Board to resolve. The employer's remaining contentions have been examined and rejected as either unpersuasive or not properly preserved for our review.

Ordered that the decision and amended decision are affirmed,...

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