MATTER OF WEINSTEIN v. SOMERS FIRE DISTRICT


37 A.D.3d 917 (2007)

829 N.Y.S.2d 726

In the Matter of the Claim of ROBERT WEINSTEIN, Respondent, v. SOMERS FIRE DISTRICT et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 8, 2007.


Peters, J.

Claimant, a self-employed real estate agent, sustained a back injury in July 2001 while lifting an oxygen tank into an ambulance in furtherance of his duties as a volunteer firefighter. A Workers' Compensation Law Judge thereafter determined that claimant's injury constituted a permanent partial disability and, upon an apparent additional finding that he had suffered a 50% loss of earning capacity pursuant to Volunteer Firefighters' Benefit Law § 10...

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