Legal Opinion

De Witta v. Bay Shore Fire District

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1975Published

1Opinion of the Court

—Appeal from a decision of the Workmen’s Compensation Board, filed *982December 11, 1972, which disallowed his claim for benefits under the Volunteer Firemen’s Benefit Law. The claimant, while participating in a firemen’s parade, collapsed from a heart seizure identified as a myocardial infarction. The claimant’s attending physician refused to express an opinion based upon reasonable medical certainty that there was a causal relationship between the claimant’s activities and the collapse. The medical expert who testified on behalf of the employer and its insurance carrier expressed the opinion…

2Cases cited2 opinions

  1. Claim of Sullivan v. Delphi Falls Fire Co.Appellate Division of the Supreme Court of the State of New York · 1967
  2. Claim of Post v. Hughsonville Fire DistrictAppellate Division of the Supreme Court of the State of New York · 1962

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