ALBANY – The injuries a firefighter suffered when he inhaled toxic gases have prompted a split in an Albany-based state appeals court over what dangers are unforeseeable in an inherently dangerous job and which ones come with the territory.
The court’s 3-2 majority overruled state Comptroller Thomas DiNapoli and found that former Yonkers firefighter Pat Sica was entitled to accidental disability retirement benefits based largely on his unknowing exposure to the gases when he responded to an emergency call that two workers had passed out in or near a supermarket’s walk-in freezer.
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