Claim of Seminerio v. West Hamilton Beach Volunteers, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed January 7, 2004, which ruled, inter alia, that claimant was a covered employee under the Volunteer Firefighters’ Benefit Law.

Claimant, a member of the West Hamilton Beach Volunteer Fire Department (hereinafter WHBFD) in Queens, fractured her ankle while descending a pole at the WHBFD station house. Claimant filed a workers’ compensation claim and the Workers’ Compensation Board determined that, based upon an implied-in-fact contract between WHBFD and the City of New York, the City was responsible for claimant’s benefits.

During…