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

New Jersey Firefighter Alleges Race Discrimination and Retaliation

A New Jersey firefighter is suing his department, the fire chief and a firefighter alleging violations of the state’s Conscientious Employee Protection Act due to race discrimination and retaliation. Michael Warren filed suit against the Hamilton Township, Fire Chief Christopher Tozzi and Ray Krajcsovics.

FDNY Prevails in Trademark Case With Medic

The US Second Circuit Court of Appeals has handed down a ruling in favor of FDNY concluding that a trademark owned by an FDNY paramedic in the name of "Medical Special Operations Conference" cannot be enforce because it is descriptive.