City of Rochester v. Smith

This workmen’s compensation case concerns an auxiliary fireman who was injured by the inhalation of smoke and fumes while fighting a fire in Rochester on July 4, 1976. The labor commissioner found that the fireman was partially disabled and entitled to benefits under RSA 281:25 as a result of an accidental injury arising out of and in the course of his employment.

The fireman, who is the defendant here, did not appeal from the labor commissioner’s decision, but the city of Rochester and its workmen’s compensation carrier, the Insurance Company of North America, did. After a de novo hearing in…