MATTER OF MARSHALL v. MURNANE ASSOCIATES


267 A.D.2d 639 (1999)

699 N.Y.S.2d 585

In the Matter of the Claim of HARRY MARSHALL, Appellant, v. MURNANE ASSOCIATES et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 9, 1999.


Mikoll, J. P.

Claimant, a construction laborer, filed a claim for workers' compensation benefits based upon allegations that he injured his knee when a heavy shower stall that he and three co-workers were carrying fell on his leg. The Workers' Compensation Board found that claimant's testimony regarding the happening of the incident was incredible and denied his claim. Claimant appeals.

The shower stall was approximately three feet by three feet by seven feet...

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