Claim of Seaman v. County of Onondaga
Opinion of the Court
Appeal from a decision of the Workers’ Compensation Board, filed April 9, 1997, which ruled that claimant had sustained a compens
Claimant was found to have suffered a permanent disability to his left wrist when he slipped and fell on ice. At that time, claimant was acting in his capacity as a volunteer firefighter in the Town of Spafford, Onondaga County. Contrary to the County of Onondaga’s assertions, substantial evidence supports the Workers’ Compensation Board’s decision that claimant suffered a 78% loss of earning capacity (see, Matter of Ziegler v Chenango County Self-Ins. Plan, 242 AD2d 781). Claimant is entitled to disability benefits upon a showing that he has suffered a loss of “earning capacity”, which is defined as a volunteer firefighter’s inability to perform, on a five or six-day basis, the work usually performed at his or her remunerated employment, profession or trade (see, Volunteer Firefighters’ Benefit Law § 3 [8] [a], [b]). The record establishes that after his injury, claimant’s permanent disability prevented him from returning to his employment as a heavy equipment operator and claimant’s doctor recommended job retraining (see, Matter of Young v Moyers Corners Fire Dept., 243 AD2d 883). In light of the record and the reasonable inferences that can be drawn therefrom (see generally, Matter of Fine v S.M.C. Microsystems Corp., 75 NY2d 912), substantial evidence supports the Board’s decision.
Mikoll, J. P., Crew HI, Peters, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.