IN RE: the Claim of Kenneth SEAMAN (1998)

Appeal from a decision of the Workers' Compensation Board, filed April 9, 1997, which ruled that claimant had sustained a compensable 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-Insurance Plan, 242 A.D.2d 781, 661 N.Y.S.2d 867).   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 A.D.2d 883, 663 N.Y.S.2d 326).   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 N.Y.2d 912, 554 N.Y.S.2d 827, 553 N.E.2d 1337), substantial evidence supports the Board's decision.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.