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

Case No. MISSING
Regular Panel Decision

Claim of Falkouski v. City of Rensselaer Fire Department

Decedent, who held a paid position as an assistant fire chief and was also a volunteer firefighter, died from a ruptured cerebral aneurysm while at a fire. His surviving spouse filed claims under both the Workers’ Compensation Law and the Volunteer Firefighters’ Benefit Law. Initially, a workers' compensation law judge found the death causally related to volunteer duties, but the Workers’ Compensation Board reversed, determining that the decedent was acting in his paid capacity as an assistant fire chief, thus falling under the Workers’ Compensation Law. The claimant appealed this decision. The appellate court affirmed the Board's determination, citing substantial evidence that at the time of death, the decedent was engaged as a paid employee due to his duties, pay, and supervisory role, which were beyond those of a volunteer firefighter.

Volunteer Firefighters' Benefit LawWorkers' Compensation LawDeath benefitsCerebral aneurysmAssistant fire chiefEmployee vs. Volunteer statusSubstantial evidenceAppellate reviewSupervisory roleCausal relationship
References
5
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. MISSING
Regular Panel Decision

Claim of Frey v. Town of Newstead

This case concerns an appeal from a Workers' Compensation Board decision that awarded benefits to a volunteer firefighter, the claimant, for a causally related loss of earning capacity under the Volunteer Firefighters’ Benefit Law. The claimant was injured in a motor vehicle accident while on duty for the Town of Newstead. A Workers' Compensation Law Judge initially determined a permanent partial disability with a 50% to 75% loss of earning capacity, which the Board affirmed. The employer, Town of Newstead, appealed, arguing a lack of substantial evidence. The appellate court reversed the Board's decision, citing that the claimant's treating physician released her to 'regular duty' with only minor restrictions, and her earnings had increased in the same job since the accident. The matter was remitted to the Workers’ Compensation Board for further proceedings.

Volunteer Firefighters' Benefit LawEarning Capacity AssessmentPermanent Partial DisabilityAppellate Court ReversalRemittal to BoardWorkers' Compensation Board DecisionMedical Opinion EvidenceEmployment RestrictionsWage Increase EffectLine of Duty Injury
References
3
Case No. MISSING
Regular Panel Decision
Aug 08, 2005

Weinstein v. Somers Fire District

Claimant, a volunteer firefighter and self-employed real estate agent, sustained a back injury in July 2001 while performing duties. A Workers’ Compensation Law Judge found he suffered a permanent partial disability and a 50% loss of earning capacity under the Volunteer Firefighters’ Benefit Law, awarding benefits. The Workers’ Compensation Board affirmed this decision. The employer and its carrier appealed the decision. The court affirmed the Board's decision, citing substantial evidence including a neurosurgeon's report indicating chronic low back pain, reduced ability to work, and a moderate permanent disability. The report noted that the claimant's duties as a real estate agent were limited, and his average work hours had significantly decreased.

Volunteer firefighterloss of earning capacitypermanent partial disabilityback injuryreal estate agentneurosurgeon reportsubstantial evidenceWorkers' Compensation Boardappealbenefit law
References
4
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
Case No. 2015 NY Slip Op 07672 [132 AD3d 887]
Regular Panel Decision
Oct 21, 2015

Matter of Village of Garden City v. Local 1588, Professional Firefighters Assn.

The Village of Garden City appealed an order denying its petition to permanently stay arbitration and granting the Professional Firefighters Association's motion to compel arbitration. The dispute arose after the Village decided to lay off six bargaining unit members and assign their work to nonbargaining unit volunteers, leading the Association to file a grievance and request arbitration. The Supreme Court, Nassau County, found that the parties' collective bargaining agreement permitted arbitration of these issues and that it was not against public policy. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that there was no statutory, constitutional, or public policy prohibition against arbitrating the grievance. The Court also noted that previous decisions had implicitly acknowledged the arbitrability of assigning bargaining unit work to volunteers, and the grievances were reasonably related to the CBA.

Arbitration DisputeCollective Bargaining AgreementPublic Sector EmploymentLayoff GrievanceAssignment of WorkAppellate DivisionNassau CountyStay of ArbitrationCompel ArbitrationManagement Rights
References
14
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. MISSING
Regular Panel Decision

Moynihan v. Moyers Corners Fire Department, Inc.

The claimant, an emergency technician with the Moyers Corners Fire Department, was injured in 1988. Initially, the State Insurance Fund paid benefits under the Volunteer Firefighters’ Benefit Law. Years later, after the case was reopened due to an exacerbation of her injury, the employer and carrier argued the claim was improperly established under VFBL, contending it fell under the Workers’ Compensation Law. The Workers’ Compensation Board found the employer and carrier estopped by laches from raising the coverage issue. The Appellate Division reversed, ruling that there was insufficient evidence to support the VFBL establishment and that estoppel could not prevent assertion of an impermissible award, remitting the case for further proceedings.

Volunteer Firefighters’ Benefit LawWorkers’ Compensation LawEstoppelLachesCoverage DisputeAmbulance ServicesLine of DutyPermanent Partial DisabilityStatute of LimitationsAppellate Review
References
4
Case No. MISSING
Regular Panel Decision
Sep 22, 2011

Claim of Dickinson v. Cape Vincent Volunteer Fire Department

The claimant, mother of the deceased, sought dependency benefits under Volunteer Firefighters’ Benefit Law § 7 (46) for herself and her younger son after her deceased son, a volunteer firefighter/emergency medical technician, was killed. The Workers’ Compensation Board granted these benefits, prompting an appeal from the employer and its workers’ compensation carrier. The court noted that the issue of dependency is a factual matter for the Board, and its decision, if supported by substantial evidence, will not be disturbed. Evidence showed the decedent was the primary breadwinner, contributing significantly to family expenses. The court affirmed the Board's finding that the loss of the decedent’s financial contribution adversely affected the claimant and her son, thus warranting the benefits.

Dependency BenefitsVolunteer FirefighterDeath BenefitsWorkers' Compensation BoardSubstantial EvidenceFinancial ContributionEmergency Medical TechnicianAppellate ReviewFamily SupportVolunteer Firefighters’ Benefit Law
References
4
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