Luciano v. Huether

Determination unanimously annulled on the law with costs, and petition granted to the extent of awarding petitioner accidental disability benefits pursuant to section 8B-5 of the Rochester City Charter. Memorandum: Petitioner, a captain and 34-year veteran of the City of Rochester Fire Department, went off duty August 26, 1982 when he was advised by his physician that he had an underlying heart disease known as atherosclerosis and had suffered an asymptomatic myocardial infraction, or heart attack, sometime in the past. Petitioner subsequently applied for line-of-duty disability benefits…