Pension for Disabled NY Firefighter Restored by Appellate Court

Posted by: Curt Varone June 2, 2016 1 Comment

A disabled New York firefighter has successfully prevailed in challenging his former city’s attempt to cut his disability payments.

Mount Vernon firefighter Michael Masullo was permanently disabled at a fire in 2000, and was granted a disability pension in 2004. In 2009, the city demanded that Masullo apply for disability benefits (which he had been receiving since 2004). When he did, they denied his benefits and cut his disability payments.

Masullo filed suit to restore his benefits and yesterday the New Your State Supreme Court’s Appellate Division agreed with him.

Here is an explanation of the ruling by his attorney, Warren Roth, Esq.

 

  Here is a copy of the decision: Masullo v Mount Vernon

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

LA County Assistant Chief Claims Reverse Discrimination

An assistant chief with the Los Angeles County Fire Department has filed suit claiming he was passed over for promotion due to reverse discrimination. Assistant Chief Frank Forman filed suit today in Los Angeles County Superior Court.

North Carolina Volunteer Fire Company Sued for FLSA Violation and Retaliation

Two former employees of a volunteer fire company in North Carolina have filed suit alleging they were not paid overtime in accordance with the FLSA, and one claimed he was terminated for complaining about it. Akash Patel and Aaron Garbus filed suit naming the Robinson Volunteer Fire Department and its fire chief as defendants.