Claim of Hernandez v. Vogel's Collision Service
Full Opinion (html_with_citations)
Appeal from a decision of the Workersâ Compensation Board, filed April 14, 2006, which ruled that claimant did not sustain a causally related injury and denied his claim for workersâ compensation benefits.
Claimant was hired by the employer in July 2002 to perform automobile restoration. On November 8, 2002, claimant left work and informed the employer several weeks later that he had been suffering from neck pain, related to a fall he had taken in 1988, and that he could not return to work at that time. In 2003, claimant, who was still out of work, was diagnosed with bilateral carpel tunnel syndrome and had corrective surgery to both arms. In August 2004, claimant filed a claim for workersâ compensation benefits, claiming the bilateral carpel tunnel syndrome was causally related to his work with the employer. Following hearings, a Workersâ Compensation Law Judge disallowed the claim, finding claimantâs testimony and other evidence he presented to be incredible and therefore insufficient to establish a causally related injury. Thereafter, the Workersâ Compensation Board upheld the decision, prompting this appeal.
We affirm. The Boardâs assessment of witness credibility and resolution of conflicting evidence is accorded great deference (see Matter of Atkinson v Joseph Baldwin Constr, 43 AD3d 1240, 1242 [2007]; Matter of Gropper v GPA Mech., 35 AD3d 947, 948 [2006]). Here, the Board found claimantâs testimony to be incredible, based in part upon his claim that he had never performed auto restoration prior to working for the employer, which was contradicted by several witnesses, including claimantâs brother, who testified that claimant ran his own automobile restoration business and performed the work himself
Further, although claimantâs brief also references issues apparently related to Board decisions dated May 3, 2006, June 2, 2006 and November 30, 2006, as no notices of appeal were timely filed on those decisions, the matters are not properly before us (see Workersâ Compensation Law § 23).
Peters, J.E, Carpinello, Rose and Malone Jr., JJ., concur. Ordered that the decision is affirmed, without costs.