Claim of Hazan v. WTC Volunteer Fund

Summary

The court held that Workers’ Compensation Law article 8-A does not require a World Trade Center volunteer to have served under the direction of an authorized rescue entity or volunteer agency. It reversed the Workers’ Compensation Board’s denial of benefits on that ground and remitted the matter for consideration of whether the claimant satisfied the statute’s time, location, and activity requirements. The court also noted that the Board could not supplement or amend the statute through administrative orders.

Holdings

1. Article 8-A does not require an individual to have served under the direction of an authorized rescue entity or volunteer agency to qualify as a covered volunteer.
2. The Board’s chair lacked authority to supplement or amend article 8-A by requiring affiliation with an authorized rescue entity or volunteer agency.
3. Claimant was not automatically entitled to benefits; the matter had to be remitted to the Board to determine whether he satisfied article 8-A’s time, location, and activity requirements.

Questions Presented

1. Whether Workers’ Compensation Law article 8-A requires a volunteer seeking coverage to have served under the direction of an authorized rescue entity or volunteer agency.
2. Whether the Workers’ Compensation Board could impose that affiliation requirement through an administrative order.
3. Whether claimant’s application should be remitted for determination of whether he satisfied article 8-A’s time, location, and activity requirements.

Disposition

reversed_and_remanded