MATTER OF SEAMAN v. COUNTY OF ONONDAGA

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-Ins. Plan, 242 A.D.2d 781). 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 [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). In light of the record and the reasonable inferences that can be drawn therefrom ( see generally, Matter of Fine v. S.M.C. Micro-systems Corp., 75 N.Y.2d 912), substantial evidence supports the Board's decision.

Mikoll, J.P., Crew III, Peters, Carpinello and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.