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MATTER OF WHITE v. DEAN'S FOOD AND VEGETABLE COMPANY

288 A.D.2d 649 (2001)

732 N.Y.S.2d 687

In the Matter of the Claim of CHRISTOPHER WHITE, Respondent, v. DEAN'S FOOD AND VEGETABLE COMPANY et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 15, 2001.

The Workers' Compensation Board is entitled to assess the credibility of witnesses and "is the sole and final arbiter of whether the testimony of a particular witness is worthy of belief" (Matter of Altman v Hazan Import Corp., 198 A.D.2d 674, 675). On the issue of whether claimant gave timely notice of the work-related nature of his injury to the employer, claimant's testimony, which is supported by that of his wife, is not replete...

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