Claim of Cozzens v. North Syracuse Volunteer Fire Department

Appellate Division of the Supreme Court of New York

Claim of Cozzens v. North Syracuse Volunteer Fire Department

98 A.D.2d 888, 471 N.Y.S.2d 24, 1983 N.Y. App. Div. LEXIS 21202

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

DecidedDecember 15, 1983

StatusPublished

This text of 98 A.D.2d 888 (Claim of Cozzens v. North Syracuse Volunteer Fire Department) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Cozzens v. North Syracuse Volunteer Fire Department, 98 A.D.2d 888, 471 N.Y.S.2d 24, 1983 N.Y. App. Div. LEXIS 21202 (N.Y. Ct. App. 1983).

Pincite

Opinion

— Appeal from a decision of the Workers’ Compensation Board, filed September 24,1982, as amended by a decision filed January 25, 1983, which awarded claimant benefits. Claimant, a volunteer fireman, was injured at the firehouse after returning from the scene of a fire. The injury occurred when he fell from a ladder while removing some cots from a storage area which he had received permission to borrow for his own personal use. The board determined that the injury was a result of a compensable accident and this appeal ensued. The only issue raised upon appeal is whether that determination is supported by substantial evidence. The carrier contends that claimant’s injury resulted from a personal act after claimant completed his firemanic duties. Claimant testified that there were still some minor cleanup duties at the firehouse which were to be performed at the time of his injury. In our view, the record adequately supports the determination that claimant’s injury and disability occurred in the line of duty and is compensable (Matter of Rigali v Town of Colonie, 47 AD2d 507; Matter of Rescigno v Town of Eastchester, 21 AD2d 923, mot for Iv to app den 14 NY2d 489). Decision affirmed, with costs to the Workers’ Compensation Board. Mahoney, P. J., Sweeney, Kane, Mikoll and Levine, JJ., concur.

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— Appeal from a decision of the Workers’ Compensation Board, filed September 24,1982, as amended by a decision filed January 25, 1983, which awarded claimant benefits. Claimant, a volunteer fireman, was injured at the firehouse after returning from the scene of a fire. The injury occurred when he fell from a ladder while removing some cots from a storage area which he had received permission to borrow for his own personal use. The board determined that the injury was a result of a compensable accident and this appeal ensued. The only issue raised upon appeal is whether that determination is supported by substantial evidence. The carrier contends that claimant’s injury resulted from a personal act after claimant completed his firemanic duties. Claimant testified that there were still some minor cleanup duties at the firehouse which were to be performed at the time of his injury. In our view, the record adequately supports the determination that claimant’s injury and disability occurred in the line of duty and is compensable (Matter of Rigali v Town of Colonie, 47 AD2d 507; Matter of Rescigno v Town of Eastchester, 21 AD2d 923, mot for Iv to app den 14 NY2d 489). Decision affirmed, with costs to the Workers’ Compensation Board. Mahoney, P. J., Sweeney, Kane, Mikoll and Levine, JJ., concur.

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Bluebook (online)

98 A.D.2d 888, 471 N.Y.S.2d 24, 1983 N.Y. App. Div. LEXIS 21202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cozzens-v-north-syracuse-volunteer-fire-department-nyappdiv-1983.

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