MATTER OF MacHAJEWSKI v. TOWN OF CAMBRIA

511519.

89 A.D.3d 1175 (2011)

933 N.Y.S.2d 420

2011 NY Slip Op 7765

In the Matter of the Claim OF MARY S. MacHAJEWSKI, Respondent, v. TOWN OF CAMBRIA et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 3, 2011.


LAHTINEN, 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...

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