The Third Judicial Department of the Appellate Division of the New York Supreme Court ruled that if there is an implied in fact contract between a City and its volunteer fire department, then the City may be liable for workers' compensation benefits.
In Seminerio v. West Hamilton Beach Volunteers, Inc., No. 96835, 12/08/2005, Lucy Seminerio, a member of the West Hamilton Beach Volunteer Fire Department (WHBFD), injured her ankle while descending a fire pole. Seminerio filed a claim for workers' compensation benefits.
The Workers' Compensation Board (WCB) held that the City was responsi...
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