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MATTER OF VERRILLI v. TOWN OF HARRISON, HOOK & LADDER CO. NO. 1, VOLUNTEER FIREMEN'S CO.

34 A.D.2d 1074 (1970)

In the Matter of the Claim of Joseph Verrilli, Respondent, v. Town of Harrison, Hook & Ladder Co. No. 1, Volunteer Firemen's Company et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 30, 1970

REYNOLDS, J.

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...

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