Legal Opinion

Claim of Lessard v. Mattituck Fire Department

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

Decided January 20, 1994PublishedCited by 1 opinion

1Opinion of the Court

—Casey, J.

Appeal from a decision of the Workers’ Compensation Board, filed July 2, 1992, which ruled that claimant sustained an injury in the course of his employment and awarded workers’ compensation benefits.

At issue on this appeal is whether claimant’s injury, which was sustained in an altercation with another firefighter after a parade, is compensable under the Volunteer Firefighters’ Benefit Law. The Workers’ Compensation Board found that claimant’s injury was sustained in the line of firefighting duties. We reverse.

According to the Board’s factual findings, claimant and other members of…

2Cases cited5 opinions

  1. Claim of Myslborski v. Greenport Fire DistrictAppellate Division of the Supreme Court of the State of New York · 1971
  2. Claim of Day v. Smyrna Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1967
  3. Claim of Licht v. Village of Hastings-On-HudsonAppellate Division of the Supreme Court of the State of New York · 1980
  4. Claim of Stewart v. Town of ChiliAppellate Division of the Supreme Court of the State of New York · 1989
  5. Claim of Sloper v. Village of WestportAppellate Division of the Supreme Court of the State of New York · 1961

3Cited by1 opinion

  1. Van Wert v. Schaghticoke Volunteer Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2003

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