MATTER OF PASCARELLA v. MARLBORO FIRE DEPARTMENT


300 A.D.2d 896 (2002)

752 N.Y.S.2d 414

In the Matter of the Claim of NICHOLAS PASCARELLA, Respondent, v. MARLBORO FIRE DEPARTMENT, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 19, 2002.


Kane, J.

In December 1984, claimant, a volunteer firefighter, suffered an acute myocardial infarction while fighting a house fire. He was subsequently found to have suffered a causally-related permanent total disability. The matter was closed in February 1991 after the self-insured employer was found liable for claimant's disability payments, as well as for his causally-related medical expenses.

At the employer's request, claimant was examined by cardiologist...

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