Firefighter's Smoke-Injury Award Precludes Tort Action Against Employer

ALBANY, N.Y. - A volunteer firefighter who obtained workers' compensation benefits after claiming that his brain injury was caused by toxic smoke cannot subsequently pursue an environmental exposure claim against his employer for the same injury, a New York appellate court has ruled. Kilcer v. Niagara Mohawk Power Corp., et al., 2011 N.Y. Slip Op. 05838 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The New York Supreme Court Appellate Division, Third Department, held on July 7 that a trial court erred in denying summary judgment to the employer, Earth Tech Inc., a third-party defendant in Joseph Kilcer's tort action, and …