Legal Opinion

Claim of McMicking v. City of Niagara Falls

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

Decided October 17, 1985PublishedCited by 1 opinion

1Opinion of the Court

Yesawich, Jr., J.

Appeal from a decision of the Workers’ Compensation Board, filed April 20, 1984, which ruled that claimant’s decedent did not sustain a causally related disability and denied both occupational disease and death benefits.

In October of 1979, while serving as a motorcycle policeman with the City of Niagara Falls, claimant’s decedent sustained a cerebral concussion and fractures of the extremities. Two months later he returned to work, but being unable to discharge the functions of that position, he was reassigned to light duty. On March 24, 1980, while working as a radio…

2Cases cited4 opinions

  1. Claim of Palermo v. Samuel Gallucci & Sons, Inc.New York Court of Appeals · 1959
  2. Claim of Girard v. St. Joseph Mineral Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Claim of Serafin v. Pleasant Valley Wine Co.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Claim of Girard v. St. Joseph Mineral Corp.New York Court of Appeals · 1980

3Cited by1 opinion

  1. Cooley v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 1990

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