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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2019 NY Slip Op 02881 [171 AD3d 1071]
Regular Panel Decision
Apr 17, 2019

Matter of Outhouse v. Cortlandt Community Volunteer Ambulance Corps, Inc.

Angela Outhouse, an emergency medical technician, initiated a CPLR article 78 proceeding to compel Cortlandt Community Volunteer Ambulance Corps, Inc. (Volunteer Ambulance) to produce records under the Freedom of Information Law (FOIL). Outhouse sought records related to the rejection of her reinstatement application. Volunteer Ambulance contended it was not an "agency" subject to FOIL. The Supreme Court, Westchester County, initially granted Outhouse's petition. However, the Appellate Division, Second Department, reversed this decision, finding that Volunteer Ambulance, despite contracting with a town district for services, does not meet the criteria of a governmental entity performing a governmental function under Public Officers Law § 86 (3), and therefore is not an agency subject to FOIL. The proceeding was dismissed.

Freedom of Information Law (FOIL)CPLR article 78Agency DefinitionNot-for-Profit CorporationGovernmental FunctionPublic Officers LawVolunteer Ambulance CorpsRecord ProductionAppellate ReviewReversal
References
7
Case No. 93
Regular Panel Decision
Nov 20, 2025

Matter of Garcia v. WTC Volunteer

This case concerns a claim for death benefits filed by Francisca Garcia, the spouse of a volunteer involved in 9/11 World Trade Center recovery efforts, who had previously received lifetime benefits for related health conditions. The primary legal issue was whether Workers' Compensation Law § 168, which extends the filing period for certain claims, applies to death benefit claims brought by beneficiaries or solely to claims by the direct 'participant.' Both the Workers' Compensation Board and the Appellate Division found the claim untimely, determining that WCL § 168's plain language limits its applicability to the participant. The Court of Appeals affirmed, holding that the claimant's filing, made more than two years after her husband's death, was barred by WCL § 28, as section 168 does not extend the statute of limitations for claims made by a participant's survivors. The Court did not rule on whether Article 8-A generally authorizes death benefits for volunteers, as the untimeliness of the claim was determinative.

Workers' Compensation LawDeath BenefitsWorld Trade Center9/11 Recovery EffortsStatute of LimitationsVolunteer BenefitsArticle 8-AClaim TimelinessStatutory InterpretationAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Carey v. Medford Volunteer Ambulance Corp.

The claimant, a volunteer ambulance worker in Suffolk County, sustained a back injury in November 1998. A Workers’ Compensation Law Judge found she had a permanent partial disability with a 50% impairment in earning capacity and awarded benefits from February 3, 1999 to May 7, 2003, and continuing thereafter. The Workers’ Compensation Board affirmed this decision. The employer and its workers’ compensation carrier appealed, arguing that the claimant’s return to employment in a different position without a loss of income required a contrary decision. However, the court affirmed the Board's decision, emphasizing that the Volunteer Ambulance Workers’ Benefit Law bases benefits on a loss of earning capacity, not actual reduced income, and found substantial medical evidence supported the Board's determination.

Workers' CompensationPermanent Partial DisabilityEarning CapacityVolunteer Ambulance WorkerBack InjuryAppellate ReviewMedical EvidenceStatutory InterpretationBenefit LawNew York
References
2
Case No. MISSING
Regular Panel Decision
Feb 09, 2004

Claim of Pache v. Aviation Volunteer Fire Co.

The Workers’ Compensation Board granted benefits to the widow of a fire chief who died of a heart attack, finding an implied contract of coverage under Volunteer Firefighters’ Benefit Law § 30 (2) between Aviation Volunteer Fire Company and the City of New York. The City appealed, contending there was no evidence of FDNY Commissioner approval for such a contract and insufficient proof of its formation. The court affirmed the Board’s decision, holding that the City Charter provisions did not exclusively assign contracting authority to the Commissioner and that substantial evidence supported the Board's finding of an implied-in-fact contract, partly due to the City's failure to produce a knowledgeable employee. The court declined to consider a new argument regarding General City Law § 16-a.

Implied contractVolunteer Firefighters’ Benefit LawWorkers' Compensation BoardMunicipal liabilityFatal heart attackAppellate reviewStatutory interpretationCity CharterFire DepartmentContract formation
References
12
Case No. 2022 NY Slip Op 04334 [207 AD3d 827]
Regular Panel Decision
Jul 07, 2022

Matter of Fierro-Switzer v. World Trade Ctr. Volunteer Fund

Claimant's spouse, a retired New York City firefighter, died from metastatic kidney cancer. Claimant sought workers' compensation death benefits, attributing the cancer to the decedent's volunteer work at Ground Zero after the September 11, 2001 terrorist attacks. A Workers' Compensation Law Judge (WCLJ) and subsequently the Workers' Compensation Board disallowed the claim, citing the decedent's failure to file the mandatory WTC-12 registration form during his lifetime, a prerequisite for claims under Workers' Compensation Law article 8-A. On appeal, the Appellate Division affirmed, concluding that since the decedent was a volunteer at the time of exposure, his claim did not arise out of employment, thus precluding benefits under Workers' Compensation Law § 16. Furthermore, without the required registration form, no claim could be pursued under article 8-A.

Workers' CompensationDeath BenefitsVolunteerWorld Trade Center9/11Toxic ExposureRegistration RequirementsRenal Cell CarcinomaArticle 8-ASection 16
References
10
Case No. 2025 NYSlipOp 01413
Regular Panel Decision
Mar 13, 2025

Matter of Goss v. WTC Volunteer

Cynthia Goss, a crisis response services provider, volunteered at the World Trade Center site in October and December 2001, after an initial paid assignment. In 2018, she filed a claim for workers' compensation benefits due to sarcoidosis from toxic exposure. A Workers' Compensation Law Judge (WCLJ) initially established the claim, but the Workers' Compensation Board reversed, finding she was not a participant under Workers' Compensation Law article 8-A. The Appellate Division, Third Department, reversed the Board's decision, holding that the Board's determination was not supported by substantial evidence given her direct connection to the rescue, recovery, and cleanup operations, and remitted the matter for further proceedings.

WTC ClaimsVolunteer CompensationToxic ExposureSarcoidosisWorkers' Compensation Law Article 8-AAppellate DivisionSubstantial Evidence ReviewClaim RemittalCrisis Response ServicesNew York Police Department
References
6
Case No. MISSING
Regular Panel Decision

McClernon v. Beaver Dams Volunteer Fire Department, Inc.

Plaintiff Michael J. McClernon, Sr., a former President of the Beaver Dams Volunteer Fire Department, sued the Department under 42 U.S.C. § 1983, claiming his civil rights were violated when he was suspended and expelled. McClernon alleged retaliation for exercising his freedom of speech after writing a letter to the U.S. Fire Administration, complaining about unequal grant money distribution and alleging misuse of funds by other fire departments. The court found that while his speech touched on public concern, it had a damaging effect on inter-departmental relations and caused disruption within the Beaver Dams Department. Consequently, the court granted summary judgment to the defendant, concluding that the department was justified in expelling McClernon due to the detrimental impact of his speech.

Civil RightsFirst AmendmentFreedom of SpeechRetaliationPublic EmployeeVolunteer Fire DepartmentSummary JudgmentPublic ConcernInter-organizational CooperationWorkplace Disruption
References
20
Case No. 2020 NY Slip Op 03162
Regular Panel Decision
Jun 04, 2020

Matter of Bruno v. World Trade Ctr. Volunteer Fund

James Bruno, a volunteer at the World Trade Center site, appealed a Workers' Compensation Board decision that rescinded his prior benefits. Bruno, medically discharged from the Army, had an established claim for several conditions. A Workers' Compensation Law Judge (WCLJ) initially awarded benefits but later suspended payments due to Bruno's failure to prove labor market attachment or total industrial disability. The Board subsequently modified the WCLJ's decision, rescinding all prior awards and remitting the matter for further proceedings. The Appellate Division, Third Department, found the Board erred in rescinding benefits for the period of March 8, 2018, through July 13, 2018, as a finding of no labor market attachment was inappropriate before July 13, 2018, the date Bruno failed to provide the required proof.

Labor Market AttachmentTotal Industrial DisabilityRescinded BenefitsClaimant TestimonyMedical DischargeWorld Trade Center Volunteer FundAppellate Division Third DepartmentBoard ReviewBenefits SuspensionJudiciary Law § 431
References
2
Case No. MISSING
Regular Panel Decision
Jan 18, 2011

Pettit v. Scipio Volunteer Fire District

Claimant, a volunteer firefighter and EMT for the Scipio Volunteer Fire District, sustained multiple injuries, including a traumatic brain injury, in a one-car accident while returning home after receiving a swine flu vaccination. The Workers' Compensation Board determined that her injuries were incurred in the course of her duties as a volunteer firefighter, awarding her benefits. The District and its workers' compensation carrier appealed this decision. The court affirmed the Board's determination, finding that the District strongly encouraged EMTs to receive the vaccination and facilitated its provision, making the activity compensable under Volunteer Firefighters’ Benefit Law § 5 (1) (p) as participation in a program to maintain performance of duties.

Volunteer FirefighterEMTSwine Flu VaccineLine of DutyCar AccidentTraumatic Brain InjuryCompensabilityStatutory ConstructionBenefit LawScipio Volunteer Fire District
References
4
Case No. MISSING
Regular Panel Decision
Aug 27, 2001

Van Wert v. Schaghticoke Volunteer Fire Department

Decedent, a volunteer fire chief, died in an explosion while burning scrap fireworks material. The material was supplied by Alonzo Firework Display, Inc. for a joint training session with the Schaghticoke Volunteer Fire Department, which decedent headed. The Workers’ Compensation Board ruled that his death occurred in the course of his volunteer firefighter duties, entitling his claimant wife to benefits under the Volunteer Firefighters’ Benefit Law. The appeal challenged this determination, arguing that decedent was acting in the course of his employment for a private employer, Alonzo Firework Display, Inc., at the time of his death. The court found substantial evidence to support the Board's determination that decedent was acting as a firefighter, as the activity was part of a training session and he received no compensation from Alonzo for the disposal. Therefore, the Board's decision was affirmed.

Volunteer FirefighterWorkers' CompensationDeath BenefitsCourse of EmploymentTraining SessionScrap FireworksExplosionFire ChiefSchaghticokeAlonzo Firework Display
References
5
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