Carvalho v. City of Cambridge

The plaintiff, a firefighter, was incapacitated for duty because of injury sustained in the performance of his duty, without fault of his own, and hence was granted “leave without loss of pay” under G. L. c. 41, § 111F, as appearing in St. 1964, c. 149. We affirm a decision of the Appellate Division of the District Courts, Northern District, that the fire chief erroneously changed part of the leave period from injured leave to vacation.

The case was tried in a District Court on a statement of agreed facts. The plaintiff inhaled smoke while working at a fire on October 4, 1972, and was placed…