Matter of Pettit v Scipio Volunteer Fire District
The District and the Workers’ Compensation Carrier appealed the Workers’ Compensation Board decision that ruled that Claimant’s injuries occurred within her duties as a volunteer firefighter.
Claimant, after receiving her vaccination for the swine flu, was injured in a car accident on her way home. Claimant then filed a claim where at a hearing it was determined that the claim fell within the provisions of the Volunteer Firefighters’ Benefit Law.
The Court affirmed the decision of the Workers’ Compensation Board. The Board found that claimant’s injuries were covered under the Volunteer Firefighters’ Benefit Law 5(1)(p), which included participation in a “… program for purpose of promoting or maintaining the performances of their duties as firefighters, as well as necessary travel to and necessary travel from such activity.” The evidence proved that the District strongly encouraged volunteers to receive the swine flu vaccine and arranged for them to receive it at no cost. The Claimant stated that if not for the directives from the District she would not have received the vaccine. Therefore the Court upheld the Workers’ Compensation Board’s decision that Claimant’s injuries occurred within her duties as a volunteer firefighter.