Volunteer Fireman Denied Seaman Status and GML Claim

In the Matter Of the Complaint Of Verplanck Fire District, 2023 WL 5302359, 2023 U.S. Dist. LEXIS 143914 * (S.D. N.Y. Aug. 17, 2023)

            Troy Dyckman was a volunteer firefighter for the Verplanck Fire District and filed suit under the Jones Act for negligence, unseaworthiness and asserted Sieracki[1] seaman status against the Verplanck Fire District which owned a vessel, MARINE I used for fire rescue services from April until November on the Hudson River. Mr. Dyckman was injured in August, 2020 on MARINE I when responding to a fire on another vessel. The Fire District filed to limit its liability under the Shipowners Limitation of Liability Act.

            In ruling on the Verplanck Fire District’s Motion for Summary Judgment, the trial judge noted that the claimant worked only 3.8% of his time from 2018-2020 on the vessel. His connection to the vessel in both nature and duration was insubstantial to qualify as a seaman under the Jones Act.

            With respect to the claim as a Sieracki seaman, the judge noted that he would have be an employee of a third-party independent contractor to assert this claim. New York statute defines the relationship between a volunteer firefighter and the local volunteer fire district as that of employer-employee.[2] As an employee of the volunteer fire district, he has no claim as a Sieracki seaman.

            The trial judge also dismissed the negligence claim under General Maritime Law as under New York law, a volunteer firefighter’s exclusive remedy is under the Volunteer Firefighters’ Benefit Law.[3]  Restricting recovery under that statute also would not impact or affect the uniformity of General Maritime Law. In support, the trial judge relied on Brockington v. Certified Electric, Inc.[4] in which the Eleventh Circuit Court of Appeals held that the exclusive remedy of the Georgia Workers’ Compensation Act is not preempted by General Maritime Law.

            The claim in the limitation proceeding was dismissed in its entirety with prejudice.

[1] Seas Shipping Co. v. Sieracki, 328 U.S. 85 (1946).

[2] N.Y. Vol. Fire Ben. Law § 2.

[3] N.Y. Vol. Fire. Ben. L. § 19.

[4] Brockington v. Certified Elec. Inc., 903 F.2d 1523 (11th Cir. 1990).