MATTER OF ZIEGLER v. CHENANGO COUNTY SELF-INS. PLAN


242 A.D.2d 781 (1997)

661 N.Y.S.2d 867

In the Matter of the Claim of William Ziegler, Respondent, v. Chenango County Self-Insurance Plan et al., Appellants. Workers' Compensation Board, Respondent

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

September 11, 1997


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...

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