MATTER OF DIEMOND v. ITHACA FIRE DEP'T


39 A.D.2d 979 (1972)

In the Matter of the Claim of James Diemond, Respondent, v. Ithaca Fire Department et al., Appellants, and City of Ithaca, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 14, 1972


On January 8, 1969 claimant, a paid city fireman of the City of Ithaca, was injured while acting in the capacity of a volunteer fireman for the respondent Ithaca Fire Department. Subsequently, claimant filed for benefits under the Volunteer Firemen's Benefit Law. The board upheld the indexing of the claim as a volunteer claim and the instant appeal ensued. Appellants assert that because claimant was also a paid city fireman he could not be a volunteer fireman within the meaning...

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