A New Jersey court decision, issued on March 26, 2019, highlights the presumption which New York’s volunteer firefighters receive compared to firefighters in other states.
In Scott Rogow (Deceased) v. Board of Trustees, Police And Firemen’s Retirement System, the Superior Court of New Jersey decided in an unpublished opinion that the deceased firefighter, Scott Rogow, was not eligible for accidental death benefits under New Jersey’s firefighter benefit law “because he was not a member in active service at the time of his death, as required by N.J.S.A. 43:16A-10, but was retired and receiving an accidental disability retirement allowance.”
Rogow was a paid firefighter who retired in 2010 and died in 2012. Apparently, both retirement and death were caused by a line of duty injury. The Court decided that Rogow’s widow could not receive a death benefit because he did not die while in the line of duty. According to the Court, “N.J.S.A. 43:16A-9(1) provides for payment of death benefits to the survivor of a … member who dies from non-accidental means while in active service…” (emphasis added).
Does the same restriction apply to New York’s volunteer firefighters? The answer is no, it does not.
New York’s Volunteer Firefighter Benefits Law, Section 6, provides, “If a volunteer firefighter dies from the effects of injury in line of duty, or if such a firefighter shall be injured in line of duty, benefits shall be paid and provided pursuant to this chapter.”
Further, according to Section 44, if a claim for benefits is filed within two years after the injury, or, if death results from the injury and a claim is filed within two years after death, there is a presumption, in the absence of substantial evidence to the contrary, that the death was in the line of duty.
The New York State Worker’s Compensation Board publishes a very informative brochure, “Injured in the Line of Duty, A Guide to the New York State Volunteer Firefighter Benefits Law and Volunteer Ambulance Worker Benefits Law.” All New York State volunteer firefighters and most New York State volunteer ambulance workers are entitled to disability and death benefits under the law.
