Volunteer firefighter injured while engaged in the Fire District’s program to maintain his or her ability to perform his or her duties compensable under the Volunteer Firefighters' Benefits Law

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Volunteer firefighter injured while engaged in the Fire District’s program tomaintain his or her ability to perform his or her duties compensable under the Volunteer Firefighters' Benefits Law

All volunteer firefighters and emergency medical techniciansin the Volunteer Fire District were informed that the swine flu vaccine wasgoing to be provided for them at a designated clinic. One firefighter/EMT wasrefused the vaccine at that clinic but subsequently went to different clinic toreceive her flu shot. Returning home, the firefighter/EMT was involved in aone-car accident that resulted in multiple injuries.
The individual filed a claim for benefits available pursuantto the Volunteer Firefighters Law and a hearing was held to determine whetherher claim fell within the provisions of the Act. Ultimately, the Workers' CompensationBoard determined that her injuries were incurred while she was engaged in anactivity covered by the law and awarded her benefits. The District and itsworkers' compensation carrier appealed.
The Appellate Division affirmed the Board’s determination,explaining: “[W]hether a given activity of a volunteer fire fighter fallswithin the line of duty is a question of statutory construction particularlywithin the Board's expertise.” In this instance the Board found that injuriessuffered by the firefighter/EMT were compensable pursuant to VolunteerFirefighters' Benefit Law §5(1)(p).
§5(1)(p). covers individuals participating in a"supervised physical fitness class, group session or program for thepurpose of promoting or maintaining the performance of their duties asfirefighters, as well as necessary travel to and necessary travel from suchactivity."
Here, said the court, the record demonstrates that “theDistrict, at the very least, strongly encouraged EMTs to receive the swine fluvaccination and made arrangements for them to receive the vaccine at no cost.”Under these circumstances, the Appellate Division found that the Board couldreasonably conclude that individual's injuries were sustained pursuant to herparticipation in a program to maintain the performance of her duties and, thus,its determination was supported by substantial evidence
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_03920.htm