Claim of Seaman v. County of Onondaga

Appellate Division of the Supreme Court of New York

Claim of Seaman v. County of Onondaga

253 A.D.2d 953, 677 N.Y.S.2d 644, 1998 N.Y. App. Div. LEXIS 9506

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 17, 1998

StatusPublished

Cited by1 cases

This text of 253 A.D.2d 953 (Claim of Seaman v. County of Onondaga) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Seaman v. County of Onondaga, 253 A.D.2d 953, 677 N.Y.S.2d 644, 1998 N.Y. App. Div. LEXIS 9506 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a decision of the Workers’ Compensation Board, filed April 9, 1997, which ruled that claimant had sustained a compens[954]*954able injury and awarded benefits under the Volunteer Firefighters’ Benefit Law.

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.

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Appeal from a decision of the Workers’ Compensation Board, filed April 9, 1997, which ruled that claimant had sustained a compens[954]*954able injury and awarded benefits under the Volunteer Firefighters’ Benefit Law.

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.

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Bluebook (online)

253 A.D.2d 953, 677 N.Y.S.2d 644, 1998 N.Y. App. Div. LEXIS 9506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-seaman-v-county-of-onondaga-nyappdiv-1998.

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