NJ Firefighter Denied Workers' Comp After Scuffle

SOMERVILLE, NJ-- A Hillsborough volunteer firefighter will not receive workers' compensation benefits for a serious head injury he sustained in an altercation with another firefighter.

NJ.com reports that an appellate court has upheld a lower-court ruling in the case of firefighter Jamie Benimadho, who suffered a skull fracture, hemorrhages and a traumatic brain injury when his head hit the pavement in a fall during an incident that began with horseplay between two other volunteer firefighters.

A workers' compensation judge had earlier rejected Benimadho's claim, saying the firefighter "was not injured in the scope" of his duties, and the appellate court affirmed that decision.

Benimadho, with Hillsborough Volunteer Fire Co. #2, was among a group of firefighters in a parking lot prior to attending a class at the Somerset County Emergency Services Training Academy in Hillsborough when the incident occurred, according to court documents. When he arrived at the academy, several other volunteer firefighters, including Kenneth Wise and Darin Watkins, were waiting in the parking lot. Benimadho then saw Watkins put his cousin, Wise, into a headlock.

Court documents said Benimadho objected to the horseplay, feeling it was a "violent altercation." Benimadho approached Watkins, told him to "stop it" and then pushed Watkins, grabbing him around the waist, court records said. Watkins then released his cousin and placed Benimadho in a headlock. While Watkins had him in a headlock, he asked Benimadho if he "was done" and Benimadho said "I'm good."

Several witnesses described the interaction between Benimadho and Watkins as horseplay, court documents stated, but when Watkins released Benimadho, "he was out" and began falling backward. Watkins tried to steady Benimadho, but he fell and struck his head on the pavement.

Benimadho testified that he intervened because he was trying to enforce the academy's rule against horseplay. The appellate court, however, ruled that his actions were within the realm of "personal activity" rather than "in the direct performance of duties assigned or directed by the employer."

In an out-of-court settlement, Benimadho received $150,000 from the county, according to court documents.