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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. 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. 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

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. 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. 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. 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. 2018 NY Slip Op 02766 [160 AD3d 921]
Regular Panel Decision
Apr 25, 2018

Clarke v. First Student, Inc.

Ibia M. Clarke, an employee of First Student Management, LLC (FSM), sustained personal injuries due to a defective condition at FSM's premises. She subsequently filed a negligence action against First Student, Inc., the premises owner. The defendant sought summary judgment, arguing it was an alter ego of FSM, making workers' compensation her exclusive remedy under the Workers' Compensation Law. The Supreme Court, Nassau County, initially denied the defendant's motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant successfully demonstrated, prima facie, that it was an alter ego of the plaintiff's employer, FSM. Consequently, the defendant's motion for summary judgment dismissing the amended complaint was granted.

Personal InjuryNegligenceSummary JudgmentWorkers' Compensation LawExclusive RemedyAlter Ego DoctrineEmployer LiabilityPremises LiabilityAppellate ReviewCorporate Structure
References
9
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