IN THE MATTER OF DINNENY v. PHOENICIA FIRE DISTRICT


13 A.D.3d 825 (2004)

787 N.Y.S.2d 166

In the Matter of the Claim of JOHN P. DINNENY, Appellant, v. PHOENICIA FIRE DISTRICT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 16, 2004.


Spain, J.

In February 1994, while working as a volunteer firefighter for the Phoenicia Fire District (hereinafter the employer), claimant fell on ice and was injured. Initially, the employer's self insurance carrier paid total disability payments under the Volunteer Firefighters' Benefit Law. However, at the request of the carrier, a review hearing was held in July 1996. Thereafter, by decision filed October 23, 1996, the Workers' Compensation Board determined that...

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