Legal Opinion

Pettit v. Scipio Volunteer Fire District

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 2012Published

1Opinion of the CourtMcCarthy, J.

Appeal from a decision of the Workers’ Compensation Board, filed January 18, 2011, which ruled that claimant’s injuries occurred in the course of her duties as a volunteer firefighter.

Claimant was a firefighter and emergency medical technician (hereinafter EMT) for the Scipio Volunteer Fire District. In October 2009, the District’s EMTs were informed at a weekly meeting that the swine flu vaccine was going to be provided for them at a clinic the following week. Claimant was refused the vaccine at that clinic, but attended a different clinic in December 2009 to receive her vaccination. On her…

2Cases cited3 opinions

  1. Claim of Dineen v. Islip Fire DistrictAppellate Division of the Supreme Court of the State of New York · 1987
  2. Coburn v. Hewlett Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1985
  3. Van Wert v. Schaghticoke Volunteer Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 2003

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