IN RE: the Claim of Solomon CAMPBELL (2000)

Appeal from a decision of the Workers' Compensation Board, filed February 4, 1998, which ruled that claimant did not have a total industrial disability and had no further causally related reduced earnings.

As the result of a work-related injury to his right hand and a subsequent work-related injury to his low back and both arms, claimant stopped working as a machine operator in 1991.   He received awards of workers' compensation benefits for those injuries and the cases were closed.   The Workers' Compensation Board subsequently classified claimant as permanently partially disabled and restored the cases to the trial calendar for further development of the record.   The Board ultimately ruled that claimant did not have a total industrial disability and had no further causally related reduced earnings.   Claimant appeals.

 A claimant who has a permanent partial medical disability may nevertheless have a total industrial disability where the medical limitations coupled with other factors, such as a limited vocational background, render the claimant totally incapable of remunerative work (see, Matter of Spangenberg v. View Point Realty Corp., 178 A.D.2d 809, 577 N.Y.S.2d 530;  Matter of Coluccio v. Aenco Inc., 147 A.D.2d 887, 538 N.Y.S.2d 112).   The issue of whether claimant has such a total industrial disability presented a question of fact for the Board to resolve (see, Matter of Spangenberg v. View Point Realty Corp., supra).   The record contains evidence that, despite his disability, claimant retained a level of employability suitable for a variety of jobs available in his geographical area and which were consistent with his education, work history and transferable skills.   Substantial evidence, therefore, supports the Board's finding that claimant does not have a total industrial disability (see, Matter of Gaff v. North Star Trucking, 242 A.D.2d 758, 661 N.Y.S.2d 852, lv. denied 91 N.Y.2d 803, 668 N.Y.S.2d 558, 691 N.E.2d 630).   Furthermore, claimant's testimony that he has not searched for any work and has not participated in vocational rehabilitation programs since January 1993 provides substantial evidence to support the Board's conclusion that claimant has no further causally related reduced earnings (compare, Matter of Griffin v. Syracuse Rigging Co., 259 A.D.2d 925, 687 N.Y.S.2d 755;  Matter of Willis v. Auxiliary Servs. Corp., 256 A.D.2d 803, 681 N.Y.S.2d 652, with Matter of Oken v. Stanmorer Liq. Co., 251 A.D.2d 719, 674 N.Y.S.2d 784).

ORDERED that the decision is affirmed, without costs.

GRAFFEO, J.

MERCURE, J.P., PETERS, SPAIN and MUGGLIN, JJ., concur.