Claim of Verrilli v. Town of Harrison

Appellate Division of the Supreme Court of New York

Claim of Verrilli v. Town of Harrison

34 A.D.2d 1074, 312 N.Y.S.2d 340, 1970 N.Y. App. Div. LEXIS 4253

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

DecidedJune 30, 1970

StatusPublished

Cited by2 cases

This text of 34 A.D.2d 1074 (Claim of Verrilli v. Town of Harrison) 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 Verrilli v. Town of Harrison, 34 A.D.2d 1074, 312 N.Y.S.2d 340, 1970 N.Y. App. Div. LEXIS 4253 (N.Y. Ct. App. 1970).

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Opinion

Reynolds, J.

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board awarding the claimant benefits for a temporary partial disability under the provisions of the Volunteer Firemen’s Benefit Law. Since the claimant’s actual earnings after the accident clearly exceeded those prior to the accident, claimant would not be entitled to benefits under the Workmen’s 'Compensation Law (Workmen’s Compensation Law, § 15, subd. 5-a; Matter of Savino v. Pollack, 33 A D 2d 605). However, under the Volunteer Firemen’s Benefit Law, neither the degree of disability nor the amount of.benefits is dependent on loss of earnings; benefits being instead measured solely by loss of earning capacity, i.e., loss of ability of the injured fireman to perform the work usually performed by him or a reasonable substitute employment (Volunteer Firemen’s Benefit Law, § 3, subd. 8; § 11). The board clearly and properly on the medical evidence in the record could find that claimant as a result of the injury is partially disabled in performing a substitute employment and that is the test under the Volunteer Firemen’s Benefit Law. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Reynolds, J.

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board awarding the claimant benefits for a temporary partial disability under the provisions of the Volunteer Firemen’s Benefit Law. Since the claimant’s actual earnings after the accident clearly exceeded those prior to the accident, claimant would not be entitled to benefits under the Workmen’s 'Compensation Law (Workmen’s Compensation Law, § 15, subd. 5-a; Matter of Savino v. Pollack, 33 A D 2d 605). However, under the Volunteer Firemen’s Benefit Law, neither the degree of disability nor the amount of.benefits is dependent on loss of earnings; benefits being instead measured solely by loss of earning capacity, i.e., loss of ability of the injured fireman to perform the work usually performed by him or a reasonable substitute employment (Volunteer Firemen’s Benefit Law, § 3, subd. 8; § 11). The board clearly and properly on the medical evidence in the record could find that claimant as a result of the injury is partially disabled in performing a substitute employment and that is the test under the Volunteer Firemen’s Benefit Law. Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Bluebook (online)

34 A.D.2d 1074, 312 N.Y.S.2d 340, 1970 N.Y. App. Div. LEXIS 4253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-verrilli-v-town-of-harrison-nyappdiv-1970.

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