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IN THE MATTER OF THOMASULA v. CONCRETE

15 A.D.3d 796 (2005)

789 N.Y.S.2d 766

In the Matter of the Claim of MICHAEL THOMASULA, Appellant v. WILSON CONCRETE AND MASONRY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

February 24, 2005.

Mercure, J.P.

Claimant sought workers' compensation benefits in February 2001 for an injury allegedly sustained to his left shoulder in October 1999 during the course of his employment as a laborer. Ultimately, the Workers' Compensation Board found that claimant's testimony regarding the accident was not credible and, therefore, insufficient to establish a work-related injury. Claimant appeals and we now affirm.

In denying claimant's request for workers' compensation...

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