Levy v. Plainview Fire Department

Claimant, a member of the Plainview Fire Department, submitted a volunteer firefighters’ claim for benefits based upon injuries allegedly sustained while assisting the City of New York Fire Department at the World Trade Center disaster in September 2001. The Workers’ Compensation Board awarded claimant benefits, finding, insofar as relevant herein, dual liability between the Plainview Fire Department and the self-insured employer, the City of New York, on the ground that claimant’s activities at ground zero were directed and controlled by both entities. The City appeals, and we affirm.

General…