MATTER OF PELUSO v. FAIRVIEW FIRE DISTRICT


269 A.D.2d 623 (2000)

702 N.Y.S.2d 701

In the Matter of the Claim of KENNETH PELUSO, Appellant, v. FAIRVIEW FIRE DISTRICT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 3, 2000.


Carpinello, J.

After more than 20 years of employment as a firefighter, claimant retired from his position as captain in May 1993. According to claimant, he could no longer work as the result of a disabling back condition caused by several injuries which arose out of and in the course of his employment, the most recent of which occurred in February 1988. He took service retirement and also applied for accidental and ordinary disability retirement benefits. The latter...

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