Legal Opinion

Claim of Machajewski v. Town of Cambria

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

Decided November 3, 2011PublishedCited by 1 opinion

1Opinion of the CourtLahtinen, J.

Gerald A. Machajewski (hereinafter decedent), a volunteer firefighter for the Town of Cambria, Niagara County, collapsed while responding to an automobile accident and died shortly thereafter. Decedent was determined to have suffered an acute coronary artery thrombosis, and the Workers’ Compensation Board applied the presumptions contained in Volunteer Firefighters’ Benefit Law §§ 44 and 61 and ultimately established a claim for workers’ compensation death benefits by claimant, his widow. The Town and its workers’ compensation carrier (hereinafter collectively referred to as the Town) appeal.

W…

2Cases cited3 opinions

  1. Claim of Rigali v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 1975
  2. Claim of Sullivan v. Canton Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2001
  3. Wheeler v. Mail Contractors of AmericaAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by1 opinion

  1. Matter of Huffer v. Nesconset Fire DistrictAppellate Division of the Supreme Court of the State of New York · 2016

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