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Matter of Celli v. New York Telephone Company

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 1978
61 A.D.2d 1063 (N.Y. App. Div. 1978)

Opinion

March 2, 1978


Appeal from a decision of the Workmen's Compensation Board, filed October 22, 1976. Claimant testified that he hurt his back while carrying a ladder on the job on August 15, 1974 and that he gave a written report of the accident to his foreman the following day. The foreman denies being given any such written report, and claims he did not learn of the accident until claimant filed an application for benefits with the board in April, 1975. The referee, finding that no accident occurred and no written notice was given, denied benefits. The board reversed, concluding that an accident had occurred and written notice was given as stated by claimant. Although the claimant may very well be lying, the matter is purely one of credibility and thus beyond our review (see Matter of Hawthorne v Peartrees, Inc., 56 A.D.2d 961, affd 43 N.Y.2d 683). Decision affirmed, with costs to the Workmen's Compensation Board against the appellant. Mahoney, P.J., Greenblott, Sweeney, Staley, Jr., and Mikoll, JJ., concur.


Summaries of

Matter of Celli v. New York Telephone Company

Appellate Division of the Supreme Court of New York, Third Department
Mar 2, 1978
61 A.D.2d 1063 (N.Y. App. Div. 1978)
Case details for

Matter of Celli v. New York Telephone Company

Case Details

Full title:In the Matter of the Claim of WALTER CELLI, Respondent, v. NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 2, 1978

Citations

61 A.D.2d 1063 (N.Y. App. Div. 1978)

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