MATTER OF WERT v. SCHAGHTICOKE VOLUNTEER FIRE DEPARTMENT


301 A.D.2d 831 (2003)

754 N.Y.S.2d 90

In the Matter of PU CHA VAN WERT, Respondent, v. SCHAGHTICOKE VOLUNTEER FIRE DEPARTMENT et al., Appellants, and STATE INSURANCE FUND et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 16, 2003.


Carpinello, J.

Claimant seeks benefits under the Volunteer Firefighters' Benefit Law for the death of her husband (hereinafter decedent). The sole dispute concerns whether decedent's activity at the time of his death was rendered in the course of his volunteer firefighter duties thus entitling claimant to benefits under the Volunteer Firefighters' Benefit Law or whether it was rendered in the course of his employment for a private employer—Alonzo Firework Display...

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