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The case In the Matter of Giello v. Providence Fire Dist., 2008 NY Slip Op 10098 (N.Y. App. Div. 12/24/2008), 2008 NY Slip Op 10098 (N.Y. App. Div., 2008) is available to members of PLoL.org.
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2008 NY Slip Op 10098
IN THE MATTER OF THE CLAIM OF SANDI GIELLO, Respondent,
v.
PROVIDENCE FIRE DISTRICT et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.
505115.
Appellate Division of the Supreme Court of New York, Third Department.
Decided and Entered: December 24, 2008.
Appeal from a decision of the Workers' Compensation Board, filed October 10, 2007, which ruled that Workers' Compensation Law § 114-a is inapplicable to Volunteer Firefighters' Benefit Law § 10.
Stockton, Barker & Mead, L.L.P., Albany (Matthew R. Mead of counsel), for appellants.
James Trauring & Assoc., L.L.C., Schenectady (Michael S. Joseph of counsel), for Sandi Giello, respondent.
Andrew M. Cuomo, Attorney General, New York City (Steven Segall of counsel), for Workers' Compensation Board, respondent.
Before: Mercure, J.P. Spain, Carpinello, Malone Jr. and Stein, JJ.
MEMORANDUM AND ORDER
STEIN, J.
Claimant, a waitress, was injured in March 2000 when she was involved in an automobile accident while responding to an emergency call in her capacity as a volunteer firefighter. A Workers' Compensation Law Judge (hereinafter WCLJ) subsequently found claimant to be permanently partially disabled and...