UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
September 11, 1984
JOHN E. BEESMER, PLAINTIFF-APPELLANT,
MARGARET HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLEE
Appeal from United States District Court for the Northern District of New York, Neal P. McCurn, J. Appellant claims that benefits received under New York State's Volunteer Firemen's Benefit Law are not workmen's compensation law benefits within the meaning of the applicable Social Security Act offset provision.
Feinberg, Chief Judge, Lumbard and Newman, Circuit Judges.
Author: Per Curiam
This case presents just one issue: whether benefits paid plaintiff-appellant John E. Beesmer under New York State's Volunteer Firemen's Benefit Law are benefits "under a workmen's compensation law or plan of . . . a State" within the meaning of the applicable offset provision of the Social Security Act in effect in 1975 when Beesmer became disabled, Pub. L. No. 89-97, § 335, 79 Stat. 286, 406 (1965) (amended 1981).The district court answered this question in the affirmative. The judgment of the district court is affirmed substantially for the reasons stated in the Report-Recommendation of Magistrate Ralph W. Smith, Jr., dated December 12, 1984, and the Order of Judge Neal P. McCurn, dated February 9, 1984.
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