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.