In re the Claim of Ziegler v. Chenango County Self-Insurance Plan

Appellate Division of the Supreme Court of New York

In re the Claim of Ziegler v. Chenango County Self-Insurance Plan

242 A.D.2d 781, 661 N.Y.S.2d 867, 1997 N.Y. App. Div. LEXIS 8633

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

DecidedSeptember 11, 1997

StatusPublished

Cited by1 cases

This text of 242 A.D.2d 781 (In re the Claim of Ziegler v. Chenango County Self-Insurance Plan) 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.

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In re the Claim of Ziegler v. Chenango County Self-Insurance Plan, 242 A.D.2d 781, 661 N.Y.S.2d 867, 1997 N.Y. App. Div. LEXIS 8633 (N.Y. Ct. App. 1997).

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Opinion

Appeal from a decision of the Workers’ Compensation Board, filed October 19, 1994, which ruled that claimant sustained a compensable injury and awarded benefits under the Volunteer Firefighters’ Benefit Law.

Claimant was found to have suffered a permanent partial disability as a result of having been struck by a car while directing traffic at the scene of a fire in December 1990. At the time, claimant was acting in his capacity as a volunteer firefighter. Substantial evidence in the record supports the finding that claimant suffered a 75% loss of “earning capacity”, as defined in Volunteer Firefighters’ Benefit Law § 3 (8). We reject the employer’s contention that claimant, age 74 and retired at the time of his injury, had no “earning capacity” to lose. Claimant’s expert medical witnesses substantiated the finding that he was capable of gainful employment, both before and after the accident, but that the injuries sustained by him in the line of duty severely limited the type of work that he could perform (see, Matter of Verrilli v Town of Harrison, Hook & Ladder Co. No. 1, 34 AD2d 1074, affd 28 NY2d 882; see also, [782]*782Matter of Humphrey v Nimmonsburg Fire Co., 202 AD2d 882, 883).

Cardona, P. J., Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Workers’ Compensation Board, filed October 19, 1994, which ruled that claimant sustained a compensable injury and awarded benefits under the Volunteer Firefighters’ Benefit Law.

Claimant was found to have suffered a permanent partial disability as a result of having been struck by a car while directing traffic at the scene of a fire in December 1990. At the time, claimant was acting in his capacity as a volunteer firefighter. Substantial evidence in the record supports the finding that claimant suffered a 75% loss of “earning capacity”, as defined in Volunteer Firefighters’ Benefit Law § 3 (8). We reject the employer’s contention that claimant, age 74 and retired at the time of his injury, had no “earning capacity” to lose. Claimant’s expert medical witnesses substantiated the finding that he was capable of gainful employment, both before and after the accident, but that the injuries sustained by him in the line of duty severely limited the type of work that he could perform (see, Matter of Verrilli v Town of Harrison, Hook & Ladder Co. No. 1, 34 AD2d 1074, affd 28 NY2d 882; see also, [782]*782Matter of Humphrey v Nimmonsburg Fire Co., 202 AD2d 882, 883).

Cardona, P. J., Crew III, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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242 A.D.2d 781, 661 N.Y.S.2d 867, 1997 N.Y. App. Div. LEXIS 8633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-ziegler-v-chenango-county-self-insurance-plan-nyappdiv-1997.

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