Requiring a firefighter injured in the line of duty to accept a "light duty" assignment and where appropriate to undergo surgery

Requiring a firefighter injured in the line of duty to accept a "light duty" assignment and where appropriate to undergo surgerySestito v City of White Plains, 2018 NY Slip Op 03528, Appellate Division, Second DepartmentThe Commissioner of Public Safety of the City of White Plains adopted the findings and recommendations of a hearing officer, made after a hearing, and terminated the Petitioner's benefits under General Municipal Law §207-a. The Appellate Division confirmed the Commissioner's determination and dismissed the Article 78 action "on the merits, with costs."Petitioner in the action, a firefighter, alleged that he had been injured while performing his duties and applied for benefits pursuant to General Municipal Law §207-a. The Commissioner's medical examiner found that Petitioner was capable of returning to light duty and that there would be a "medium to moderate" chance that he would be able to resume full duty…

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