Claim of Peck v. Village of Gouverneur
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from a decision of the Workers’ Compensation Board, filed April 10, 2003, which ruled that apportionment did not apply to claimant’s workers’ compensation award.
Claimant, a volunteer firefighter, sustained injuries to his head, chest and neck when the fire truck in which he was riding while responding to a fire struck a dip in the road. Claimant’s claim for workers’ compensation benefits was established in 2000. However, when a subsequent surgical procedure undertaken to mitigate claimant’s continuing pain and discomfort from a fracture at the injury site revealed cancerous growths…
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